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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #31 (permalink)  
Old 11-15-2009, 05:43 PM
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Thanks for that clarification - I can't recollect a discussion distinguishing the FLA and DA.

I would imagine that there are many parents who feel fortunate to be able to contribute to the benefit and upbringing of their child when they are a child. They probably are less enamoured when the ex appears to come out more ahead than the child.

I know that the current CS stream provides a tremendous benefit to my ex. The way that I think of it is what would her expenses be if she were by herself and then what incremental expenses are there because she is looking after our daughter. By that standard, which I think is a fair one, I am concerned that my ex will continue to look to me to supplement her own income.
It seems as though I would be wise to plan for the worst (3 more years of CS after my daughter turns 19) and hope for the best (that my daughter, and ex, take responsibility be satisfactied that the RESP I've set up for her would allow her to not have to pay for tuition, books or activity fees for a 4 year program).
  #32 (permalink)  
Old 01-29-2010, 07:54 PM
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I have to agree that I think it is crazy. I know so many people who had to pay for themselves to go through college because their parents couldn't afford to help them. There are student loans etc... I think the students should have to demonstrate need and be forced to apply for student loans and grants.

It certainly does seem to me that children are granted an awful lot of entitlement just because their parents are separated. Is there anyone out there who would force a married couple to put their children through college or would they be expected to do it themselves?

Post Secondary Education unfortunately is not a right. Its a great opportunity, but there are many resources to access to assist with the costs. I definately disagree with the sentiment that it be provided.

I'm guessing that a lot of parents out there forced to pay for their child's post secondary education put themselves through college. Not sure what the big deal is having to do it yourself really. Seems like we are setting children up to be dependant on and take advantage of a system.
  #33 (permalink)  
Old 01-30-2010, 11:30 PM
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UPDATE. Went to court wth data coming out the ying yang. Settled on me paying $22000 and 263/mth to my oldest son until Aug 2010. The $22000 was my protion of education for the 2 kids in collage. Paid her in Sept 2009 and so far she has not given a dime to the kids for their collage. My oldest is out of collage and working now. I did make it a point that they got a summery of what was said in court and that I tryed to get all money split between them. My ex has now paid off all HER bills and is debt free as my 2 oldest kids pay off their collage loans. Oh and did I mention that was my portion. She was suppose to contribute %30 more to their education which she did not all the time the were in collage. Thats the legal system working in favor of the kids..now isnt it....I know I have a clear conscience. and the kids know it too.
  #34 (permalink)  
Old 11-04-2010, 07:54 AM
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please read my string "thought I was through" ... JQ55. i am sorry to say that the horror show is just starting for you
  #35 (permalink)  
Old 12-07-2012, 01:03 PM
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Hi There

My daughter was enrolled in College and in June 2010, she received a certificate. My daughter who last week just turned 22, started school again September 2012 at a University where she is taking a teaching course for 4-5 years. Is her father still responsible for 1/2 her education costs.
  #36 (permalink)  
Old 12-07-2012, 01:49 PM
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Quote:
Originally Posted by Erika View Post
Hi There

My daughter was enrolled in College and in June 2010, she received a certificate. My daughter who last week just turned 22, started school again September 2012 at a University where she is taking a teaching course for 4-5 years. Is her father still responsible for 1/2 her education costs.
First off, I want to clarify 1/2 of the costs....

If you mean 1/2 of 2/3rds the costs (the "child" is expected to kick in 1/3 - so 1/3 - that is if you each make the same amount) then the answer is maybe. And by the costs, you mean the actual out of pocket expense after loans, bursaries, grants and RESP's funds are deducted.

I say maybe because there have been rulings that go many different ways on this. Most recent rulings I have read seem to follow the trend of, what education level do the parents have and that the parents obligation to help fund the kids education to an equal level.

If you both have one degree/diploma, then the child should be covered for an equal amount. If the ex is a PhD, then they could be on the hook longer.

Because the "child" is really an adult, it becomes a whole grey area of what a judge would rule. The fact that they have already received 1 certificate and are 22, it becomes questionable. Given the numbers provided, she'll be in school until she is 26-27......not so much of a "child" anymore...

But I guess the best answer is maybe. The answer all depends on the facts presented. The other parents education level (for reference). Each parents ability to pay. The childs ability to pay. The necessity for the program. You will have to provide evidence that supports your position. He will provide evidence to his. But I wouldn't say it is a slam dunk either way without knowing the evidence.
  #37 (permalink)  
Old 12-07-2012, 01:53 PM
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Agree with what HammerDad stated, however if she received a certificate in 2010, does that mean she started working with that certificate in 2010? The way I see what you are saying, is she received her certificate, worked for 2 years and then decided to go back to school to upgrade. While more school is great, if she ceased to be a child of the marriage because she received that certificate and was working, your claim to have her father pay is weakened.
  #38 (permalink)  
Old 12-07-2012, 01:58 PM
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Quote:
Originally Posted by Erika View Post
Hi There

My daughter was enrolled in College and in June 2010, she received a certificate. My daughter who last week just turned 22, started school again September 2012 at a University where she is taking a teaching course for 4-5 years. Is her father still responsible for 1/2 her education costs.
She's 22 and a College grad.

Shouldn't his supporting her between him and her and be none of your business?
  #39 (permalink)  
Old 12-07-2012, 02:03 PM
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Quote:
Originally Posted by Berner_Faith View Post
Agree with what HammerDad stated, however if she received a certificate in 2010, does that mean she started working with that certificate in 2010? The way I see what you are saying, is she received her certificate, worked for 2 years and then decided to go back to school to upgrade. While more school is great, if she ceased to be a child of the marriage because she received that certificate and was working, your claim to have her father pay is weakened.
I must have missed that point re: 2010 certificate.

If she graduated and has been working the past 2 years, but now wants to go back and upgrade...she is over 18.....

If that is the case, I'd say the argument for continued contribution is weak at the very best.

I also agree with Billm. She is 22. This is something that her and her dad should work on between them. She isn't a child of marriange any more, thus there is no need to insert yourself.
  #40 (permalink)  
Old 12-11-2012, 09:18 PM
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I believe it is now up to her to pay for her schooling after receiving her first certificate in collage.
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