Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

Reply
 
Thread Tools
  #21  
Old 08-20-2014, 02:22 PM
Mamma Mamma is offline
Junior Member
 
Join Date: Aug 2014
Posts: 20
Mamma is on a distinguished road
Default

Yes I am. But the income difference is not much. In a shared schedule I will be paying my Ex 200$/month and the daycare expenses will be split 55/45. The primary residence is a big point of discussion since he wants to have a big house in suburbs while we live close to down town right now
Reply With Quote
  #22  
Old 08-20-2014, 02:23 PM
dad2bandm dad2bandm is offline
Senior Member
 
Join Date: Jul 2012
Posts: 1,837
dad2bandm is on a distinguished road
Default

Quote:
Originally Posted by Mamma View Post
...
I know there are a lot of supporters for the shared parenting plans and maybe we will be there one day but not now, he is too young...
Too young for what - to be parented by both parents?
Chuckle.

I can see why you don't want to share parenting right away, given your latest response.

Last edited by dad2bandm; 08-20-2014 at 02:25 PM. Reason: Added to this, because OP replied since.
Reply With Quote
  #23  
Old 08-20-2014, 02:33 PM
Once.is.enough Once.is.enough is offline
Banned
 
Join Date: Apr 2014
Posts: 217
Once.is.enough is on a distinguished road
Default

Quote:
Originally Posted by Mamma View Post
Yes I am. But the income difference is not much. In a shared schedule I will be paying my Ex 200$/month and the daycare expenses will be split 55/45. The primary residence is a big point of discussion since he wants to have a big house in suburbs while we live close to down town right now
Well good luck dictating how and when he parents. As for the unjust enrichment claim from what you posted here I believe he has a case. what a judge thinks you'll have to pay the legal fees to find out or settle. Your choice
Reply With Quote
  #24  
Old 08-20-2014, 02:33 PM
FB_ FB_ is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,407
FB_ will become famous soon enough
Default

Quote:
Originally Posted by Mamma View Post
Yes I am. But the income difference is not much. In a shared schedule I will be paying my Ex 200$/month and the daycare expenses will be split 55/45. The primary residence is a big point of discussion since he wants to have a big house in suburbs while we live close to down town right now
That is a valid concern. Shared parenting does work best when both parents live in the same area.

However it's not impossible for it work when one lives downtown and the other in the suburbs.

My ex moved 45 min away from where our house was and part of our agreement of 50/50 was she would be responsible to all costs and travel associated with living that far away and all drop-off and pick-ups were done at school or in the original city. She agreed and we did 50/50 until that didn't work out for her and she moved closer to the kids school. Again not optimal but it still worked.
Reply With Quote
  #25  
Old 08-20-2014, 02:34 PM
Mamma Mamma is offline
Junior Member
 
Join Date: Aug 2014
Posts: 20
Mamma is on a distinguished road
Default

dad2bandm , why do you think I am the one who is after the money ? - 200$ month is nothing - one trip to Costco . On the other hand the father will have to pay almost 700$/month if the child lives primarily with me and given an unjust enrichment claim he made over 5000$ I am not the one who is after the money.
Reply With Quote
  #26  
Old 08-20-2014, 02:39 PM
FB_ FB_ is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,407
FB_ will become famous soon enough
Default

Quote:
Originally Posted by Mamma View Post
dad2bandm , why do you think I am the one who is after the money ? - 200$ month is nothing - one trip to Costco . On the other hand the father will have to pay almost 700$/month if the child lives primarily with me and given an unjust enrichment claim he made over 5000$ I am not the one who is after the money.
Two totally separate issues.

Provide him with an offer to settle.

Shared custody
Shared access 50/50
No unjust enrichment
set-off child support
He must live within xx km's of current residence
neither can move farther away from current residence without written consent or court order
Reply With Quote
  #27  
Old 08-20-2014, 02:40 PM
dad2bandm dad2bandm is offline
Senior Member
 
Join Date: Jul 2012
Posts: 1,837
dad2bandm is on a distinguished road
Default

Quote:
Originally Posted by Mamma View Post
dad2bandm , why do you think I am the one who is after the money ? - 200$ month is nothing - one trip to Costco...
Because you really haven't answered why you think your child is "too young" to be equally parented right now, by both the child's parents. Instead, you threw dollar amounts out.

Good luck, with your court case.
Reply With Quote
  #28  
Old 08-20-2014, 02:55 PM
Berner_Faith Berner_Faith is offline
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,200
Berner_Faith will become famous soon enough
Default

I think you need to spend some time researching what you are claiming. Years ago maybe you would have been successful with the "he's too young" claim but things have changed drastically. If he is a capable parent (and you don't get to judge whether he is capable or not), he very well may end up with equal access. You also have to be careful because if you attempt to play gate keeper, he could end up with primary and majority access.

Any offer you put forth needs to be fair. To test whether it is fair or not, think about whether you would accept the offer if Dad offered the exact thing to you? One of the easiest way to hang yourself in court is putting forth an offer you think is fair, but wouldn't accept if it was the other way around.

I would start with the 50-50, you will find out quickly whether he is serious about being a father or not. One of two things will happen, he will stand up and be a father or fall flat on his face, but either way, at least you have done what is best for the child and Dad had his chance.
Reply With Quote
  #29  
Old 08-20-2014, 02:56 PM
Mamma Mamma is offline
Junior Member
 
Join Date: Aug 2014
Posts: 20
Mamma is on a distinguished road
Default

Out of our 4 year common law relationship we lived 3.5 in quebec where my rights as a property owner were protected. I sell my place - we move to ontario three months later we break up and he claims unjust enrichment for contributing 450$ to the living expenses !? No one seems to notice this but I get large criticism for not supporting shared access for infants. Sorry I don't and am willing to try my chances in court. I support the father - son relationship but as it was pointed our numerous times it's not a quality but a quality of the time spent that really matters.
Reply With Quote
  #30  
Old 08-20-2014, 02:57 PM
paris paris is offline
Senior Member
 
Join Date: Jun 2007
Posts: 570
paris is on a distinguished road
Default

What is the mileage between downtown and the suburbs. Where I live that's 2 miles, but I'm in a small town.

I can see a greater distance/travel time being an issue when the child is in school, but not at 11 months old.

I am fastly learning that some Dad's can do an exceptional job when they are left to do it on their own.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Unjust enrichment - which court? -clean hands? Strider22 Common Law Issues 4 06-09-2012 07:18 PM
Unjust Enrichment sadandrippedoff Financial Issues 6 10-29-2011 02:06 AM
Child Support Arrears & Unjust Enrichment??? MaggieT Financial Issues 3 08-11-2009 05:29 PM
Can I claim unjust enrichment? adeleb Common Law Issues 1 12-20-2008 07:53 AM
Unjust enrichment / spousal support claim?? mom22galz Common Law Issues 14 06-20-2006 08:36 PM


All times are GMT -4. The time now is 10:00 PM.