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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 10-30-2017, 05:26 PM
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Default Joint RESP

Question:

If you have a joint RESP with your ex and kid is no longer eligible for expenses due to your agreement, if you agree to a withdrawal from the RESP, does that mean you agree the kid is child of the marriage opening you up to possible share of s7?
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Old 10-31-2017, 01:34 PM
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Quote:
Originally Posted by rockscan View Post
Question:

If you have a joint RESP with your ex and kid is no longer eligible for expenses due to your agreement, if you agree to a withdrawal from the RESP, does that mean you agree the kid is child of the marriage opening you up to possible share of s7?
I don't get what you are asking? RESP rules are set forth by the government and are, to the best of my knowledge, not subject to any agreements parents make.

A registered education savings plan (RESP) is a contract between an individual (the subscriber) and a person or organization (the promoter).

Under the contract, the subscriber names one or more beneficiaries (the future student(s)) and agrees to make contributions for them, and the promoter agrees to pay educational assistance payments (EAPs) to the beneficiaries.

There are two different types of RESP available: family plans and specified plans.

Any payment made by the subscriber can be withdrawn but, there may be taxes owed on any interest earned in the RESP and the government grants may have to be returned in proportion to the contribution they were granted under.

https://www.canada.ca/en/revenue-age...ans-resps.html

Everything is done to the benefit of the beneficiaries education and not the subscriber's investment. Unless the RESP has two subscribers (e.g. both parents) then a subscriber can withdraw the funds at any time and pay the appropriate tax penalties. If the account has both parents as registered subscribers then you will need consent (in writing) from the other party as to how much can be withdrawn from the account.

I wouldn't recommend dissolving this asset as it is a benefit to the child... Unless the child is never going to do any post-secondary education in the time frame of the agreement with the promoter.

Good Luck!
Tayken
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Old 10-31-2017, 01:52 PM
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All that other info we know. There is still another student who would use the funds. The problem is kid 1 has one more year of school but under their agreement is not considered a child of the marriage (ex has motioned to change that) therefore no section 7 is ordered (unless a judge rules otherwise). The question is, if cs payor agrees to a withdrawal this year, does this mean he agrees shes a child of the marriage and therefore has to pay section 7 expenses for the year (and cs)?

I say its separate and his agreement to provide kid with that money does not mean he agrees to pay s7. Hes worried it shows he agrees shes a child of the marriage.
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Old 10-31-2017, 02:30 PM
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Is the RESP value being split evenly between both?

If child 1 has already gotten their half then its goes to the other and that would solve the problem of section 7.

Still agree with Taken, half to each has nothing to do with paying everything else like CS or section 7.
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Old 10-31-2017, 02:43 PM
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Yes the agreed to split it evenly for all kids. Thanks for responses. You both agreed with what I thought.
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