Hello,
After two years of trying, we finally went to court. At trial, I got the only thing I cared about: joint custody.
This didn't come for cheap. I lost all my life's savings, my ex is purposely unemployed and I have to pay her about 65% of my net monthly income in combined child and spousal support, but I get to see my son 7 days out of every 14. He lives with her in the matrimonial home.
I moved out in March 2013 and had always been paying for all bills (mortgage, car loans, insurance, hydro, etc, since separation in September 2011 and up until November 2013). November 2013 was my first child/spousal support payment. Despite being in receipt of this payment, she is refusing to pay for the mortgage and bills in any way.
As I owe her an equalization payment, she wants my interest in the matrimonial home to be used in lieu. I agree to that as long as the price set is agreeable to me. Our home is valued at $350,000. She wants to buy me out for $310,000. So as we have not agreed on a price, we have to sell the house on the market. She is not agreeing to that.
I offered to buy out her interest to protect the asset, she is refusing to sell to me. She wants me to pay the support, plus all bills. She has indicated that she would be willing to pay 1/2 of the bills. I cannot do that. I just don't have the money.
When I was not living there and paying 100% everything, I never once asked her to come up with a payment. Now that she gets the money for the expenses directly, she does not pay any of these things. I don't care about the assets or the equity. My credit will be damaged and so be it I will sue her for damages. I cannot pay 65% of my income, and then spend the rest on bills for her to live. I need to get a place of my own. As I have spent all my savings, I am staying with my father until the end of the year, following which I'm getting a basement apartment in January.
So can I bring a motion forward asking for a change in the custody issue as she is failing to provide for my son's necessities of life?
After two years of trying, we finally went to court. At trial, I got the only thing I cared about: joint custody.
This didn't come for cheap. I lost all my life's savings, my ex is purposely unemployed and I have to pay her about 65% of my net monthly income in combined child and spousal support, but I get to see my son 7 days out of every 14. He lives with her in the matrimonial home.
I moved out in March 2013 and had always been paying for all bills (mortgage, car loans, insurance, hydro, etc, since separation in September 2011 and up until November 2013). November 2013 was my first child/spousal support payment. Despite being in receipt of this payment, she is refusing to pay for the mortgage and bills in any way.
As I owe her an equalization payment, she wants my interest in the matrimonial home to be used in lieu. I agree to that as long as the price set is agreeable to me. Our home is valued at $350,000. She wants to buy me out for $310,000. So as we have not agreed on a price, we have to sell the house on the market. She is not agreeing to that.
I offered to buy out her interest to protect the asset, she is refusing to sell to me. She wants me to pay the support, plus all bills. She has indicated that she would be willing to pay 1/2 of the bills. I cannot do that. I just don't have the money.
When I was not living there and paying 100% everything, I never once asked her to come up with a payment. Now that she gets the money for the expenses directly, she does not pay any of these things. I don't care about the assets or the equity. My credit will be damaged and so be it I will sue her for damages. I cannot pay 65% of my income, and then spend the rest on bills for her to live. I need to get a place of my own. As I have spent all my savings, I am staying with my father until the end of the year, following which I'm getting a basement apartment in January.
So can I bring a motion forward asking for a change in the custody issue as she is failing to provide for my son's necessities of life?
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