my ex husband is taking me back to court, he is saying I am…

Thank you for your question.

If it were true that you are living in a common law relationship and if there is no agreement or order dealing with what could be a material change in circumstance, your former spouse would have the right to seek to vary the order because of a material change in circumstance.

In Ontario a court would not say that you are in a common-law relationship at least until you have cohabited in a marriage like relationship for at least three years and so in many cases a court would not consider varying the support until you reach the two year mark if you were in fact in this common law relationship..

However, in any event, your former spouse is simply wrong in this case as you are not any common law relationship. You can prove this by explaining that you are living in the home of someone else with your children to reduce your living costs but are not in a marriage like relationship with him.

You should in fact provide proof that you are in a relationship with someone else you are not living with.

Let me know if you need further clarification.