I left my ex after 12 years of living common law with two children and one on the way. We briefly split five years ago due to his drinking and I was stupid enough to go back after he promised to change. Question. Can I only go back five years as a result for spousal support and pension? (He made over 100k last year, me 30k).
I hadn't planned on asking for anything other than child support as he threathened to quit his job if I tried, but at the rate I am going it's not going to matter. I have already agreed to lower child support payments by $500.00 a month less than guidelines to make him happy and asked for an equal split of the home. Nothing else. Now he is coming back demanding to lower it further by $400.00 a month and wants up to $15 thousand more from our house than me (as he made more money and paid the downpayment). The home is mortgaged to the both of us. I worked full time but was the primary caregiver to our children so that he could advance in his job and make the income that he did and feel I contributed equally, if not financially. After all we were a family.. until he decided to have a affair.
Now I am on maternity leave and have just started recieving payments after a nine week wait. I have been living from credit and last week he defaulted on his support payment. He reminded me that because we still have no formal agreement in place (he won't sign one unless I agree to his terms) then 'technically' he isn't required to pay child support. That he was just paying it to be nice... until now. I guess my kids don't need to eat until FRO gets involved. Question: Will a court issue back payments for the time he missed?
Re the house. He refused to move out and is now fighting me on putting it up for sale. I understand that here in Ontario at this point I could be waiting until January to get a court date set to force him to put the house up. Question, is there another way around this or is a court date the only option. I also assume that when the house is sold the money will have to go in trust if he does not agree to an equal split. Am I right or is there another way to get the funds quicker? As I said financially this is very straining and I am running out of available credit to borrow until this is settled.
I hadn't planned on asking for anything other than child support as he threathened to quit his job if I tried, but at the rate I am going it's not going to matter. I have already agreed to lower child support payments by $500.00 a month less than guidelines to make him happy and asked for an equal split of the home. Nothing else. Now he is coming back demanding to lower it further by $400.00 a month and wants up to $15 thousand more from our house than me (as he made more money and paid the downpayment). The home is mortgaged to the both of us. I worked full time but was the primary caregiver to our children so that he could advance in his job and make the income that he did and feel I contributed equally, if not financially. After all we were a family.. until he decided to have a affair.
Now I am on maternity leave and have just started recieving payments after a nine week wait. I have been living from credit and last week he defaulted on his support payment. He reminded me that because we still have no formal agreement in place (he won't sign one unless I agree to his terms) then 'technically' he isn't required to pay child support. That he was just paying it to be nice... until now. I guess my kids don't need to eat until FRO gets involved. Question: Will a court issue back payments for the time he missed?
Re the house. He refused to move out and is now fighting me on putting it up for sale. I understand that here in Ontario at this point I could be waiting until January to get a court date set to force him to put the house up. Question, is there another way around this or is a court date the only option. I also assume that when the house is sold the money will have to go in trust if he does not agree to an equal split. Am I right or is there another way to get the funds quicker? As I said financially this is very straining and I am running out of available credit to borrow until this is settled.
Comment