I lived common law and we have 3 children together. We own a house together and lived there as a family for two years. When we seperated, the house was rented out to tenants as we were living out of province. 14 months after we split up we agreed that i would move back into the home. I have lived in this home with our children for the last 12 years. This was in agreement with him, that I would pay for everything and and raise the children there. Both of our names are still on title. I pay all of the mortgage payments, insurance, property taxes and all other costs to do with the house. He has contributed approximately $3500.00 over the last 12 years towards repairs. 2 years ago, he decided that he didn't want the responsibility of being a co-owner of this older home that needed quite a bit of work. At the time I had been trying to work out a deal with him to replace the 40+ year old furnace that needed to go. He didn't want to have anything to do with the house after that. He offered me a buyout for his original down payment of $2500.00 plus I would pay the legal fees. We were in agreement to this, but I had to wait to get approval for the mortgage transfer to just my name. As I am self employed, and don't have a large income, it is difficult to get mortgage approval, and we agreed that I would have until spring/2010 to get this taken care of. In the meantime, I have replaced the furnace system, which died last winter, and done many repairs on the house.
He has always paid the court awarded support amount from 12 years ago on time. This amount was based on $45000/yr for his income. He does not contribute to extra curricular items that would fall under section 7. We have not ever had an increase in support and I have requested his assistance with the section 7 expenses almost every year. He has always claimed that "he has no money". I have also requested that we renegotiate the terms of our support on many occasions and asked for his income statements, but this was always met with an "I don't have to tell you anything and I don't have any money" response. Our children, who are now aged 16, 14, and 12, are involved in many extra curricular activities. The older two were accepted to special high school programs based on their talents and academic achievements. This all costs MONEY, which their father claims he doesn't have.
Last year it came to my attention that he has been making approximately $95000.00 a year for the last several years. While this does not make him rich, it is substantially more than what he was making when our original support order was made. I make about a third of that in comparison. I have been trying to negotiate with him with regards to support and section 7 expenses. Bottom line, is he doesn't want to pay more.
Here is the problem; I sent a proposal to him with regards to changing the support amount and he replied saying that if I go after him for more child support and arrears, he will go after me for half of the equity in the house that is still in both of our names and he will also pursue occupancy rent.
All of our previous discussions, agreements have been verbal, many with witnesses, but verbal nonetheless. I have kept a fairly regular written account of our discussions and my attempts to negotiate with him, but we have nothing in writing with the exception of the original custody/support order.
Can he go back on our verbal agreement with regards to the house and force me to sell it and get half of the equity? I know he is doing this out of spite, as he feels that he shouldn't have to pay more support, and thinks of it as paying ME more. He has always maintained that if I ever took him to court again, that he would quit his job and work under the table and I would get nothing. This is why i have always tried to discuss things with him rather than pursue it through the courts. Now I feel that even though I have continually tried to negotiate with him in good faith, that I am going to get totally screwed if I pursue this in court.
I seriously need to know what my chances are in court. What criteria do they look at when deciding something like this?
He has always paid the court awarded support amount from 12 years ago on time. This amount was based on $45000/yr for his income. He does not contribute to extra curricular items that would fall under section 7. We have not ever had an increase in support and I have requested his assistance with the section 7 expenses almost every year. He has always claimed that "he has no money". I have also requested that we renegotiate the terms of our support on many occasions and asked for his income statements, but this was always met with an "I don't have to tell you anything and I don't have any money" response. Our children, who are now aged 16, 14, and 12, are involved in many extra curricular activities. The older two were accepted to special high school programs based on their talents and academic achievements. This all costs MONEY, which their father claims he doesn't have.
Last year it came to my attention that he has been making approximately $95000.00 a year for the last several years. While this does not make him rich, it is substantially more than what he was making when our original support order was made. I make about a third of that in comparison. I have been trying to negotiate with him with regards to support and section 7 expenses. Bottom line, is he doesn't want to pay more.
Here is the problem; I sent a proposal to him with regards to changing the support amount and he replied saying that if I go after him for more child support and arrears, he will go after me for half of the equity in the house that is still in both of our names and he will also pursue occupancy rent.
All of our previous discussions, agreements have been verbal, many with witnesses, but verbal nonetheless. I have kept a fairly regular written account of our discussions and my attempts to negotiate with him, but we have nothing in writing with the exception of the original custody/support order.
Can he go back on our verbal agreement with regards to the house and force me to sell it and get half of the equity? I know he is doing this out of spite, as he feels that he shouldn't have to pay more support, and thinks of it as paying ME more. He has always maintained that if I ever took him to court again, that he would quit his job and work under the table and I would get nothing. This is why i have always tried to discuss things with him rather than pursue it through the courts. Now I feel that even though I have continually tried to negotiate with him in good faith, that I am going to get totally screwed if I pursue this in court.
I seriously need to know what my chances are in court. What criteria do they look at when deciding something like this?
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