Can I Go After 2 Yrs Retro Active Child Support

[momto3]

I did not receive child support for 3 small children for over 2 years. I was given exclusive possession at our first motion date with an order that he pay all costs associated with the house. Do I have the right to go after retro child support even though he was paying the housing costs? My understanding is that this should only be in lieu of spousal support not child support. Does it matter what the cost was for him to carry the matrimonial home?

[standing on the sidelines]

he paid all the costs including hydro etc??

[momto3]

yes, it was court ordered that he pay mtg, taxes, utilities.

[dinkyface]

Opinion not based on any actual case/experience: But, given that CS is usually considered the first priority, and the obligation/calculations are quite clear, I think the more arguable position is that his contributions would be considered child support.

Is there any particular reason why you feel that the contributions should be considered as in lieu of SS, not of CS?

If his contributions significantly EXCEEDED the table CS amounts, then it might matter i.e. he was paying in lieu of CS AND partial SS. But then that would knock your hopes for more $$ down.

Just going on the logic that the system first protects those who cannot protect themselves i.e. the kids.

Er, Mortgage + property tax + utilities -> that is easily $16000/yr, or 1333/mo! That is the table amount (for 3 kids in Ontario) for someone making $70K. Is he making more than this?

http://www.justice.gc.ca/eng/pi/fcy-.../index.html#on

No idea what your agreement was regarding splitting assets/debts, but at some point I'm assume you would need to buy out his share of the 'separation-date' equity in your house? (unless that was traded off against something else, or there was little equity in the house).

[standing on the sidelines]

so he provided a home for you and the kids and paid 100% of all the bills and now you want more? Look at the money that you saved by not paying for the hydro that you used etc. To me he put a roof over the kids head and kept them warm etc so that is cs. Maybe it wasnt paid directly to you but with what he did it freed up alot of your cash for food etc. Most people would be satisfied with someone paying all their housing costs and leave it at that

[Gary M]

I did not receive child support for 3 small children for over 2 years. I was given exclusive possession at our first motion date with an order that he pay all costs associated with the house. Do I have the right to go after retro child support even though he was paying the housing costs? My understanding is that this should only be in lieu of spousal support not child support. Does it matter what the cost was for him to carry the matrimonial home?

You bet your ass you do. Go for it: Soak that deadbeat scumbag for all he's worth.

All he did was pay for the house you live in? In the GTA? Wow, he got off easy, I tell ya. He's a cheap prick. You better lawyer up and go git you some mo' money.

I, personally, wouldn't stop until you have 101% of everything he makes. THAT way, during those rare periods that he's not working his 3rd job to support your lazy ass, the kids won't be able to visit him anyway because his "home" is a carbboard box under an overpass on the Parkway... That'll learn him!

YeeeeeeeHAW: GO for it, Sister!

Cheers!

Gary

[karmaseeker]

You bet your ass you do. Go for it: Soak that deadbeat scumbag for all he's worth.

All he did was pay for the house you live in? In the GTA? Wow, he got off easy, I tell ya. He's a cheap prick. You better lawyer up and go git you some mo' money.

I, personally, wouldn't stop until you have 101% of everything he makes. THAT way, during those rare periods that he's not working his 3rd job to support your lazy ass, the kids won't be able to visit him anyway because his "home" is a carbboard box under an overpass on the Parkway... That'll learn him!

YeeeeeeeHAW: GO for it, Sister!

Cheers!

Gary

And that ball was knocked clear out of the park. Snap!

[Gary M]

*cardboard (sigh)

Cheers!

Gary

[standing on the sidelines]

And that ball was knocked clear out of the park. Snap!

heck it was knocked into space. Why the op cannot see how good she had it and be thankful for that. I am thinking she wants her ex to buy all the food and clothes and whatever else is needed under the roof, heat and hydro he already provides and doesnt use.

Hmm wonder if I can get my ex to buy me a new car and pay for all the maintence, gas and insurance for it??? LOL

[KeepSmiling]

Um Gary, I'm not sure I'm quite getting you. Are you insinuating that maybe in your opinion (that should not be construed in any way as legal advice ) that momto3 should be content with her current position?

Or, are you insinuating that a cardboard box is not an appropriate place to raise a family?

[MommaBear73]

You bet your ass you do. Go for it: Soak that deadbeat scumbag for all he's worth.

All he did was pay for the house you live in? In the GTA? Wow, he got off easy, I tell ya. He's a cheap prick. You better lawyer up and go git you some mo' money.

I, personally, wouldn't stop until you have 101% of everything he makes. THAT way, during those rare periods that he's not working his 3rd job to support your lazy ass, the kids won't be able to visit him anyway because his "home" is a carbboard box under an overpass on the Parkway... That'll learn him!

YeeeeeeeHAW: GO for it, Sister!

Cheers!

Gary

Lmao!!
My ex actually paid nothing for the first 2 years we were separated. I didn't go after it as I didn't want a long drawn out battle as it would be bad for the boys and my main concern was that he just start paying what he was supposed to which he finally did. To this day he is still trying to get out of paying, lies about what he's making and tries to put a cap on it regardless of if he gets a raise.
You've got it pretty good.

[NBDad]

Are you working? Looking for work? In school?

If not, why the hell not? Get off your ass and start supporting yourself.

[Gary M]

Or, are you insinuating that a cardboard box is not an appropriate place to raise a family?

Well, I realize that I appear to be taking a hard line on that subject but, yeah, it's my opinion that a cardboard box is somewhat less than optimal. Of course, there are some decent boxes to be had... I usually recommend trying Leon's and The Brick for the roomier ones, and military surplus for really rugged casas.

Of course, workin' 3 jobs so that you "only" have to pay a mortgage and all related expenses for your ex means that you don't have time to help raise your kids anyway, so the livin' in a box thing is largely irrelevant.

heh

Cheers!

Gary

[billm]

I did not receive child support for 3 small children for over 2 years. I was given exclusive possession at our first motion date with an order that he pay all costs associated with the house. Do I have the right to go after retro child support even though he was paying the housing costs? My understanding is that this should only be in lieu of spousal support not child support. Does it matter what the cost was for him to carry the matrimonial home?

You did receive child support - it is a sick joke that you consider his paying for a house that he is not living in as not counting toward contributing to his kids.

Its all just math - determine what he should have been paying directly for CS, and SS (if you are entitled), and then subtract what he was paying for the house etc. Of course I guess it is still his house, so he is benifiting from making the mortgage payments, but also you should be paying him rent for using his half of the house.

Again, its all just math - to want to ignore his payments that kept a roof over your head makes me shake my head - is it such a hard concept to grasp? Just because you didn't get a cheque with 'CS' written on it DOES NOT mean you didn't received CS!!

[paris]

...I was given exclusive possession at our first motion date with an order that he pay all costs associated with the house... My understanding is that this should only be in lieu of spousal support not child support...

Court ordered. Spousal? Why would you think that was spousal? Child support would take priority over spousal.

Guessing at what the monthly costs were for the last 2 years, I'd say he was paying both.