My Lawyer added up the settlement wrong

[NBDad]

Do you have any experience with providing for post secondary education. I want my ex to contribute to the kids RESP. And, guarantee an x$ toward tuition.

This is something that needs to be included in the order for child support/custody. You cannot force the ex to contribute to the RESP. Anything that was put into there during the marriage, he gets to use 50% of it when the time comes to pay for post secondary.

(ie. you put 10,000 during the marriage, then separated, he contribues 0,you put another 10,000....he's entitled to use 5,000, you have 15,000 to contribute to your share of the post secondary expenses of the children).

Typically the costs are divided into 1/3's....the child is expected to contribute to the cost of their own education (1/3) and then the parents contribute the remainder (2/3). The 2/3 can be paid out in any way you negotiate, but it's typically either a 50-50 split (ie. child pays 1/3, you pay 1/3, ex pays 1/3) or it's proportional to income.

Get this part included into your custody/support agreement ASAP. Post secondary education is considered a "special expense" so it falls into that category,but there is SO much involved into it that it really needs it's own section. (ie. cost of travelling if it's not a local institution, what's included in the fees? Just books/tuition/etc? Is residence/meal plans included as the costs? Or will those be include with CS?)

[dadtotheend]

Originally Posted by FreeNow

I strongly disagree with this statement. If we are paying lawyers phenomenally high hourly rates we should be able to expect competence.

You can expect competence, but it's your ass on the line, not the lawyer's. Phenomenally high rates don't translate into or guarantee results. To act on blind faith in competence, or to expect that mistakes won't happen, is asking for trouble. The client knows far more about his case than the lawyer. He/she must collaborate with the lawyer to maximize the chances for success.

Don't kid yourself. The skills the lawyer brings to the table are his/her familiarity with the process, relationships with the other participants (judges, court staff, other lawyers), and judgement and experience. That doesn't necessarily translate into intuitiveness and savvy all around. Indeed, the only reason they command such a high rate is that they have a virtual monopoly on access to the system. It's not because they are any wiser or better than the clients they serve.