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House in lieu of Child Support.
My ex husband and I have Assignment court in a couple of weeks. Our divorce was granted about 6 months ago however financial issues have not yet been decided. He is a non resident, he pays no cs and he does not pay his half of the mortgage. Since he pays no child support and he lives overseas...reports no tax, claims he is unemployed, I have asked for the house. Does anyone know if there is any case law to support the house being transfered to me?
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Yes .. see cases that match the following search CanLII - Search all CanLII Databases
How much equity is there in the house, and how many, how old are the kids?
If your ex agrees, he should protect himself by ensuring that this trade is recorded in an official court-endorsed agreement - otherwise you could come back later and claim for child support arrears, claiming that "Oh, no, the equity was in lieu of SPOUSAL support, not CHILD support". -
That is similar to what happened to me. I had been laid off from my job/collecting EI when ex and I were having marital problems, knew we were separating.
I had paid a $30,000 down payment on the house and was paying a $1,300 monthly mortgage for the 3 years I was living in the house, while ex and I were still together. Ex did not contribute any money to the house in that sense.
My EI was close to running out when we knew we were separating...I was very distraught not knowing what I was going to do/would no longer be able to afford that $1,300 monthly mortgage.
Ex's father came to me and told me that if I wanted to separate from his daughter, and didn't want to be responsible for the house mortgage, that I needed to sign the house over to him....in which ex and children would remain living in the house, ex would pay him $800 a month rent.
He told me that if I did this, child support would be set at $400 a month and never change. (remember I was unemployed at this time, so realistically the $400 at that time was probably above guidelines?) I agreed to it though and paid it.
Signed over whatever paperwork he gave me for the house to be transferred over to him.
2 years later ex contacted FRO telling them that I had never ever paid her child support (lie) She scammed me out of $4,000 this way. (I had some cheques to prove I had paid her...other times she requested cash though/sayings he didn't have time to go to the bank...I was stupid...trusted her/gave her cash and can't prove that money)
A year after ex succeeded in collecting the $4,000 in her FRO scam....She then filed a motion for increase in child support and babysitting expenses.
We settled out of court with lawyers (I wonder if things would have went differently had I went before a judge) Our current agreement had stated that the agreement was to be followed until a new one was put in place. New agreement was not put in to place until 2012...but ex succeeded in getting back pay for increase child support back to 2012 based on my 2012 income...which I was not making the same amount in 2010.Comment
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Impute income, lump sum child support, courts vest interest in property as per CJA.Does anyone know if there is any case law to support the house being transfered to me?Comment
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Sorry messed up on last line there---should have said that ex succeeded in getting back pay for increase child support back to 2010 based on my 2012 income....when I wasn't making the same income back in 2010.Comment
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Originally posted by dinkyface View Post
We have just one 9 year old daughter together who he hasn't seen in 3 years. There is approx. $140k in equity so we each have about $70k. While I was with him, he was earning $100k plus allowances. His $70k in equity is much cheaper than paying cs until she is a minimum of 18. But he has actually said over his deadbody would he let me have the house. However, now that he is beyond Canada's borders he claims that he has no income. I have not asked for spousal support, theres no point really as he wouldn't pay it. We don't bother him and he doesn't bother us.Comment
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The term you are looking for to cover this situation is a vesting order of the property. This would allow you to "apply" for refinancing mortgages without your Exs' permission. Of course you would have to qualify on your own financial merit. Another way which is not covered under the Family Law Act is via an indemnity clause (A legal term for "I promise to pay"), however, financial instituations would not be legally bound to it (i.e. They would still find the both of you legally responsible for the debt on paper).
A court order would state the settlement of cs/cs as "shall not be paid", and "the property shall vest to (however)".Comment
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