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Old 05-11-2014, 07:40 PM
jeg701 jeg701 is offline
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Default RESP's and post secondary education

My X and I both have RESP's for our children. During our divorce they were never equalized (even though we suggested that to her LLB).
Mine is substantially bigger than hers(112,000 vs 25,000)
Our agreement is silent on who's should be used first or the percentages that should come of of mine or hers to pay for our daughters post secondary education. There is also no language in our agreement like "any and all"

Her position is that 1) I should continue to pay her child support while my daughter is at university as she will have ongoing expenses maintaining the home. I understand that its case law. although someplace I read that I could petition for a reduction in my support base on the fact that my daughter would be in residience.

Position 2: That all of her post secondary expenses should come out of the RESP that was left in my name after the divorce before she touch's hers.

My understanding of this is that post secondary expenses should be paid out proportional to income and thus both need to pay. and that if she wanted 1/2 of the RESP it should have been divided at the time of the divorce settlement.

Thus the math would go like this. I pay 60 % and she pays 40% (section 7 breakdown) and it makes no difference were the money comes from.
So if my daughter expenses are 15,000 per year I would pay 9000 and she would pay 6000. Her 6000 would not come out of my RESP.

Just need some clarity.
I pay all my money to her by post dated cheques and section 7 are paid when I get a bill. I've never been late for argued because its for the kids but this just doesn't feel right.

I had also suggested that we use ALL of my RESP if she would agree to not have me pay Child support for my daughter while she attended university.
For the 2 children I pay 1600 per month and If I only paid for one she would still get approx 1000.00. I thought it a win win for all concerned but its not and thus the question.

Thought please?

J
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