First off this is lengthy but I find more background info is better upfront when asking for advice. I've tried to find case law more specific to this situation but it's been challenging.
Background:
-Married Oct 10, 2009
-Purchased matrimonial home (in both names) 4 days later on Oct 14
-I put down payment of $200k on house from previous personal home equity. Ex’s pre-marriage debt of $15k was added to mortgage. His contribution to home was $0.
-Separated 2.5 years later, Spring 2012. House value went up $20k over this period.
-Separation agreement signed in 2012 outlines the following info:
• The parties acknowledge that the wife contributed $200k towards the purchase of the matrimonial home, which the parties agree is the wife’s to keep.
• Approximately $15k of the mortgage is as a result of the husband’s debt incurred before marriage.
• I kept the house in exchange for paying an equalization payment of $15k to ex as well as me keeping his $15k debt in the mortgage and assuming it solely in my name. I would be responsible for all fees in transferring the home/mortgage, etc.
• Child support for B2 to be $50 less than guideline. In order ensure our divorce was granted the lawyer recommended we add a line in the agreement, This child support amount is acceptable based on the father foregoing his $100k equity in the home.
• Section 7 expenses to be shared proportionately, with the exception of daycare in which the wife (me) will be solely responsible for.
• Each year financial information would be exchanged upon request and if there is a material change, either the husband or the wife can ask for an adjustment in child support.
• In 2014, the ex provided financial disclosure and we both agreed to an increase in child support without any issues.
Current Situation:
I filed a motion to change to increase child support in Oct 2017, update section 7 expenses to include childcare, and retroactive child support for 3 years based on a material change of:
• Ex’s income has increased by $20k/year (now at $60k including OT). I no longer make more than him, we make the same amount.
• Ex has cost me $10k in additional childcare expenses over the last 5 years as he will not exercise the agreed upon parental time that includes weekday pick-ups from school 2x per week plus 2 weeks summer vacation. I’m only asking for his share of before/after school care beginning Jan 2018, no retro. Not that it’s relevant to child support, but the other parent pops in and out every few months when it suits his schedule.
• I have requested in writing every year for the last 3 years, financial disclosure/income verification in which he did not cooperate and provide.
• We had our third first appearance in Jan 2018 (yes third!) as he would not provide his financials the first two times. He hired a lawyer recently and I am self rep. In April we have a CC and were advised by the court that we are not to provide a CC brief.
• The ex’s response to MTC is that because he apparently gave me his $100k equity in the home he wants the entire case to be dismissed with costs, or that I can pay him a predetermined amount from the home equity and then child support can be increased.
I’d like to hear from any of you that have any knowledge or experience with a case similar to this and what your thoughts are in terms of how you think this might pan out. In particular, about him leveraging equity from the home that was mine prior to marriage and noted in our agreement. The equalization was settled almost 6 years years ago, and our agreement clearly states child support will be revisited each year based on exchange of information, and that neither one of us can go back and try to change the equalization of property. Our current case is in the Ontario Court of Justice, not Superior, so I’m not even sure anything regarding property can be addressed. Also wondering what you think will happen during the CC and if there is anything I can do to prepare myself in advance for it. Case law or any specific legal terms I could use would be appreciated.
Background:
-Married Oct 10, 2009
-Purchased matrimonial home (in both names) 4 days later on Oct 14
-I put down payment of $200k on house from previous personal home equity. Ex’s pre-marriage debt of $15k was added to mortgage. His contribution to home was $0.
-Separated 2.5 years later, Spring 2012. House value went up $20k over this period.
-Separation agreement signed in 2012 outlines the following info:
• The parties acknowledge that the wife contributed $200k towards the purchase of the matrimonial home, which the parties agree is the wife’s to keep.
• Approximately $15k of the mortgage is as a result of the husband’s debt incurred before marriage.
• I kept the house in exchange for paying an equalization payment of $15k to ex as well as me keeping his $15k debt in the mortgage and assuming it solely in my name. I would be responsible for all fees in transferring the home/mortgage, etc.
• Child support for B2 to be $50 less than guideline. In order ensure our divorce was granted the lawyer recommended we add a line in the agreement, This child support amount is acceptable based on the father foregoing his $100k equity in the home.
• Section 7 expenses to be shared proportionately, with the exception of daycare in which the wife (me) will be solely responsible for.
• Each year financial information would be exchanged upon request and if there is a material change, either the husband or the wife can ask for an adjustment in child support.
• In 2014, the ex provided financial disclosure and we both agreed to an increase in child support without any issues.
Current Situation:
I filed a motion to change to increase child support in Oct 2017, update section 7 expenses to include childcare, and retroactive child support for 3 years based on a material change of:
• Ex’s income has increased by $20k/year (now at $60k including OT). I no longer make more than him, we make the same amount.
• Ex has cost me $10k in additional childcare expenses over the last 5 years as he will not exercise the agreed upon parental time that includes weekday pick-ups from school 2x per week plus 2 weeks summer vacation. I’m only asking for his share of before/after school care beginning Jan 2018, no retro. Not that it’s relevant to child support, but the other parent pops in and out every few months when it suits his schedule.
• I have requested in writing every year for the last 3 years, financial disclosure/income verification in which he did not cooperate and provide.
• We had our third first appearance in Jan 2018 (yes third!) as he would not provide his financials the first two times. He hired a lawyer recently and I am self rep. In April we have a CC and were advised by the court that we are not to provide a CC brief.
• The ex’s response to MTC is that because he apparently gave me his $100k equity in the home he wants the entire case to be dismissed with costs, or that I can pay him a predetermined amount from the home equity and then child support can be increased.
I’d like to hear from any of you that have any knowledge or experience with a case similar to this and what your thoughts are in terms of how you think this might pan out. In particular, about him leveraging equity from the home that was mine prior to marriage and noted in our agreement. The equalization was settled almost 6 years years ago, and our agreement clearly states child support will be revisited each year based on exchange of information, and that neither one of us can go back and try to change the equalization of property. Our current case is in the Ontario Court of Justice, not Superior, so I’m not even sure anything regarding property can be addressed. Also wondering what you think will happen during the CC and if there is anything I can do to prepare myself in advance for it. Case law or any specific legal terms I could use would be appreciated.
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