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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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  #11 (permalink)  
Old 03-14-2014, 01:39 PM
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Originally Posted by Berner_Faith View Post
How would that actually be a benefit? So one parent has to pay 100% of school expenses and then after a year, they may get reimbursed if the marks are good enough? How do you decide which parent pays up front and which parent pays when the marks are in?
I was thinking the son can pay for his own education and then get reimbursements from parents once he has worked hard and maybe actually passed something. There are many many students who fund their own education. Lucky for some who have parents who can afford to help out. University or college is not a right of the child it is an academic choice earned by working hard in,school, attaining the marks and enrolling into a post secondary program which you will then work hard to pass.

It is not mandatory, its an opportunity that many parents cannot afford to give their children. So just because son comes from a split family Dad should not be the ' gravy train' to fund his fun and Mom should not be encouraging this because she does not,have to pay for much.

I have 3 daughters 2 did well at school and went on to University - we paid. The 3rd was not interested in school, skipped out of classes etc. She talked about college and we said we would pay after the year had been successful, she would have to pay upfront. This is not a free ride to attend for the social part. She chose not to go. Her choice.
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Old 03-14-2014, 02:38 PM
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Originally Posted by Beachnana View Post
I was thinking the son can pay for his own education and then get reimbursements from parents once he has worked hard and maybe actually passed something. There are many many students who fund their own education. Lucky for some who have parents who can afford to help out. University or college is not a right of the child it is an academic choice earned by working hard in,school, attaining the marks and enrolling into a post secondary program which you will then work hard to pass.

It is not mandatory, its an opportunity that many parents cannot afford to give their children. So just because son comes from a split family Dad should not be the ' gravy train' to fund his fun and Mom should not be encouraging this because she does not,have to pay for much.

I have 3 daughters 2 did well at school and went on to University - we paid. The 3rd was not interested in school, skipped out of classes etc. She talked about college and we said we would pay after the year had been successful, she would have to pay upfront. This is not a free ride to attend for the social part. She chose not to go. Her choice.
I agree that post secondary costs should not be forced upon divorced parents, unfortunately it is. I paid for my own post-secondary via OSAP and loans, 4 years later I am still paying off. But when it comes to divorced parents, payment is forced upon the parents, provided both parents can't agree NOT to support the child. If both parents agree the child can pay, then the parents are off the hook, but if one parent wants contribution, both must contribute. That is what happens when you leave a third party to make parenting decisions for you.
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Old 03-14-2014, 02:47 PM
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Signing up for full time classes, then failing and dropping out repeated, causing the child to cease to be a full-time student in each event, may be determined by a judge a reasonable as cause to cease c/s.
Generally speaking... The student will be removed from the program and not permitted to reapply if this continues. Many programs have minimum standards and if you don't meet them you are academically suspended. I would advise to let the school deal with the matter and once the student is suspended you have sufficient grounds to bring forward a material change in circumstance.

Fail too many times and they will simply throw you out of the program.

Good Luck!
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Old 03-14-2014, 02:51 PM
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Tayken, the 70% was suggested by my lawyer who has been candid and far more knowledgeable on family law.
One does question if your lawyer has "farm more knowledge" in family law why you are coming to this forum for information/advice? You have a professional source and maybe should consult with that source?

For what jurisprudence did your "lawyer" rely upon when recommending the 70%? I can find no supporting argument that has been heard in CanLII that would remotely support what your "lawyer" recommends.

Good Luck!
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Old 03-28-2014, 11:53 AM
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Originally Posted by Tayken View Post
Generally speaking... The student will be removed from the program and not permitted to reapply if this continues. Many programs have minimum standards and if you don't meet them you are academically suspended. I would advise to let the school deal with the matter and once the student is suspended you have sufficient grounds to bring forward a material change in circumstance.

Fail too many times and they will simply throw you out of the program.

Good Luck!
Tayken
Being unable to continue in a program or re enrol at that Institution may be the case but another Institution will be more than willing to take them. As long as minimum requirements are met for some programs (ie OSSD, 60% in English) they don't look at previous Post Secondary history and academic probation only applies at that Institution. This unfortunately sets up the possibility of continuing to waste time and money if the child doesn't try to improve. Can be a very difficult situation when parties have no intention of coming to any agreement.
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Old 03-28-2014, 01:04 PM
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I work in PSE, and we have a lot of students who are serial enrollers - they enrol in one programme, fail, and seek admission to another program at the same institution (so they can maintain social networks, friends, etc). The institution doesn't have an incentive to kick the student out as long as tuition gets paid. The worst that can happen is that the student gets put on academic probation which just limits the number of courses they can take at one time. If students are good at gaming the system, they can move endlessly from one programme to another, and many programmes are desperate enough to increase their head count that they'll take students under just about any circumstances.

If the OP wants to limit post-secondary slacking, s/he might consider using academic probation as the standard - set something up whereby support stops if the student spends more than one semester on probation.
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Old 03-28-2014, 01:42 PM
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In BC this case is used as a baseline for determining 'children of the marriage' as it relates to post-secondary education and BC judges more often then not refer to it:

Farden v. Farden, 1993 CanLII 2570 (BC SC), <CanLII - 1993 CanLII 2570 (BC SC)

Specifically:

(1) whether the child is in fact enroled in a course of studies and whether it is a full-time or part-time course of studies;
(2) whether or not the child has applied for or is eligible for student loans or other financial assistance;
(3) the career plans of the child, i.e. whether the child has some reasonable and appropriate plan or is simply going to college because there is nothing better to do;
(4) the ability of the child to contribute to his own support through part-time employment;
(5) the age of the child;
(6) the child's past academic performance, whether the child is demonstrating success in the chosen course of studies;
(7) what plans the parents made for the education of their children, particularly where those plans were made during cohabitation;
(8) at least in the case of a mature child who has reached the age of majority, whether or not the child has unilaterally terminated a relationship from the parent from whom support is sought.
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