Looking for a little advice on what opinions are on my current circumstance. It will be a year next month that Ex has paid any type of cs. Court ordered and through FRO he is supposed to pay $842.00 for two children and that includes his portion of section 7 expenses. He is currently in arrears $13,346.00 and has not made a payment since Sept 08. He was never in compliant with the court order and when then finally garinsheed his wages I rec'd two months cs payments and then he quit his job. He claims he has been unemployed since, but I am aware that he works for cash and does contacting work.
FRO just finally suspended his drivers lic. last week and of course this is of no impact to him as he faces an impaired charge trial later this month.
He still sees the children every other weekend and one night on alternate weeks. He has his mother drive him for access visits and to transport the children. He sent me a text message this week that FRO can stop harassing him and that they will be surprised when he files a claim for unjust enrichment. He claims that he is entitled to a portion of my home to offset his child support for work he did while he lived here to the tune of $52,000.
We were living commonlaw, had one child together and when I was three months pregnant with the second child, he asked me to leave. I did so and went and purchased my own home. Within a year and a half, he was homeless and needed a place to stay. On and off for about two years, he lived in my basement on my couch. I finally changed the locks after one of his weekend drinking binges and I have never looked back.
For the sake of the courts, the date of seperation was April 2007. The issues dealt with - we have a final court order - were Custody, Access and Visitation....at the time of the court proceedings never was there a claim for property!!
He currently lives at his sisters home, has no assets, claims not to work, BUT...goes on fishing trips with his buddies, purchased a newer car, a ATV, threw himself a 40th birthday party and rented a hall and invited all his friends. He visits every bar for every event and makes sure that his lifestyle is adhered to....all the while, I struggle to make ends meet...you get the picture.....
Anyhow, my question is...how long after the fact can someone claim unjust enrichment? Is there a statue of limitations? If there was no property addressed in the court papers how can he come up with this "idea" now?
basically I am aware that he has no intentions of supporting his children and is looking for any excuse not to pay child support as he feels that he is above the law, ethically and morally.
Any input you have would be helpful....this has been a struggle to say the least.
thanks!!
FRO just finally suspended his drivers lic. last week and of course this is of no impact to him as he faces an impaired charge trial later this month.
He still sees the children every other weekend and one night on alternate weeks. He has his mother drive him for access visits and to transport the children. He sent me a text message this week that FRO can stop harassing him and that they will be surprised when he files a claim for unjust enrichment. He claims that he is entitled to a portion of my home to offset his child support for work he did while he lived here to the tune of $52,000.
We were living commonlaw, had one child together and when I was three months pregnant with the second child, he asked me to leave. I did so and went and purchased my own home. Within a year and a half, he was homeless and needed a place to stay. On and off for about two years, he lived in my basement on my couch. I finally changed the locks after one of his weekend drinking binges and I have never looked back.
For the sake of the courts, the date of seperation was April 2007. The issues dealt with - we have a final court order - were Custody, Access and Visitation....at the time of the court proceedings never was there a claim for property!!
He currently lives at his sisters home, has no assets, claims not to work, BUT...goes on fishing trips with his buddies, purchased a newer car, a ATV, threw himself a 40th birthday party and rented a hall and invited all his friends. He visits every bar for every event and makes sure that his lifestyle is adhered to....all the while, I struggle to make ends meet...you get the picture.....
Anyhow, my question is...how long after the fact can someone claim unjust enrichment? Is there a statue of limitations? If there was no property addressed in the court papers how can he come up with this "idea" now?
basically I am aware that he has no intentions of supporting his children and is looking for any excuse not to pay child support as he feels that he is above the law, ethically and morally.
Any input you have would be helpful....this has been a struggle to say the least.
thanks!!
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