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

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  #1 (permalink)  
Old 07-18-2016, 03:50 PM
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Default Post-Secondary Expenses

What is one to add to an agreement. I have issues with this as I would love nothing more than contribute if I can but I don't want anything in the agreement that say mandatory or is it? . I mean if I don't have the money what is one to do. Currently working on finalizing our SA but how is one to pay when you pay Child support and also Spousal buy out ?
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Old 07-18-2016, 04:05 PM
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Its in the federal child support guidelines so you will be obligated to pay. I have seen some court decisions where the agreement included language on kids having to get jobs, get grants, exhaust all scholarships etc available to them. You might want to include language to that effect. Also include language that you are to be provided with transcripts and income taxes filed for kid as well as all student loan award info. Make sure you have strong language on what is considered an expense (ie books vs pizza money) and how these expenses are to be proven (ie receipt from service vs estimates from school website) to avoid any misinterpretation.

Bottom line though, you will have to pay a portion.
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Old 07-20-2016, 04:40 AM
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While I generally agree with Rockspan, I'd like to add onto that. When the child who is going to post secondary applies for an OSAP loan (as likely will be done as you don't have the money), OSAP only looks at the income of the parent that the child lives with. If her income is low, a substantial part of the loan may be a grant - maybe up to 50%. In addition, the part that is a loan is interest free until the child finishes the degree.
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Old 07-20-2016, 08:08 AM
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I didnt mention that because I didnt know what province op was in. And OSAP is changing in the next few years. But yes, could *should* apply for OSAP for grant purposes HOWEVER only the 30% off tuition is normally eligible to come off the top. In many instances the other forgiveable portions are considered kids portion of the expense. Judges dont like kids going into debt.

Theres a sticky on post secondary break downs in the financial sub forum.
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Old 07-26-2016, 10:13 PM
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Default Post-Secondary Expenses

Are moving expenses considered section 7?

ETA, its ok, minor panic. Lawyer calculated everything and the cheque and letter was ready to mail when the ex decided to spring this additional receipt. Wrote new cheque, scribbled on letter, copied sealed and stamped.

This shit is bananas.

Last edited by rockscan; 07-26-2016 at 11:00 PM.
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Old 08-26-2016, 08:07 AM
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The chasing of the tail continues. Help me determine if this is an ignore thing.

Ex has sent an email demanding noa for the last five years to "properly calculate cs and expenses". My partner has sent his tax file, paystubs, ei statement, and t4s as they were true indicators of his current income (which he pointed out three years ago when she was adamant their agreement and exchanging t1 was gospel). Now she wants his noa for the past five years.

Is he obligated to send this? It never ends with her. She said agreement for years now she wants to follow fcsg. Divorce act and fcsg (and his lawyer) say actual income with proof not t1/noa. She filed with FRO when she disputed cs in 2014. If shes disputing the cs adjustments he calculated beginning in fall 2014 when kid wasnt at home (agreement says no cs), he provided her with his noa and pay info. Shes got all his updated true income info!

His noas show nothing different, does he have to keep jumping through these ridiculous hoops? Its a matter of finding them all, ordering from cra if missing, scanning, formatting and sending. He works full time and I dont want to keep taking my time to help. Hes back to not sleeping because of this bs. Shes disorganized and in financial mess. The kids are pissed at him because shes broke. She couldnt add a figure if her life depended on it. All this request is going to do is make her decide to calculate some new number that isnt right from five years ago. It just never ends!!
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Old 08-26-2016, 10:55 AM
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No, he doesn't have to provide 5 years. He provides his NOA and tax return annually- and she provides hers.

Typically when starting the process the last 3 years is provided. If this has been done, ignore her request.
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Old 08-26-2016, 11:09 AM
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Yep the shared all that when they divorced. Their agreement said tax returns. She refuted when he provided proof of his actual income like his lawyer said to calculate cs properly. She refuted that and filed the agreement with FRO. Hes been overpaying cs while kid was at school because she refused to update FRO when kid left home (its in their agreement no cs if kid goes away) even though he reminded her twice. Lawyer said keep track to use the overpayment against future cs or living expenses. He calculated that and subtracted that amount from his portion of living expenses. Last year she sent him all her tax forms and all her noas for the last five year (which werent necessary) to calculate kids school expenses. He sent his noa because they calculated % based on their taxes (even though his actual income was lower than his taxes). This year he calculated his % based on his current income which is higher than his income taxes and noa to show good faith and reasonable behaviour. Also included all the required proof of this income (pay stub and t4 for end of the year employment). Now shes demanding he provide his noa for the last five years because she sent him hers. None of that info relates to the expenses for kid being away at school so getting that info from cra and sending it isnt necessary!

I have recommended he put her on ignore but he stresses. I cant handle the lack of sleep and nightly house pacing. Im already making him take a sleep aid so he can function at work.
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Old 08-26-2016, 12:10 PM
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She could send him a photo of the contents of her underwear drawer and medicine cabinet and demand that he do the same because she sent him hers, he is obviously not obligated to. Neither is he for this.

He sends his tax return, T slips and NOA annually. She can make a request for once per year for the disclosure once per year and that's it. If he's met his obligations the rest he can ignore and she can take him to court for it if she truly feels she is entitled and he can seek costs when the judge says no.
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Old 08-26-2016, 12:32 PM
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Default Post-Secondary Expenses

Ok just to clarify...if she asks for disclosure once per year he can decide if response is necessary FOR THAT YEAR OF INFORMATION? He didnt send his noa this year because he sent his taxes (as per their agreement) which were irrelevant as his current income (double his line 150) was used to calculate school expenses and update cs. Should he just send the 2015 noa and tell her he wont be sending anything else from four years ago?

Now shes picking and choosing what she wants to interpret from fcsg and their agreement. The fcsg also say if line 150 is not true income then you are obligated to send all relevant documentation to prove income for the purposes of child support calculations which he has done over the last four years. And his lawyer put together his package with all the proof and said he would comfortably defend that in court.

Last edited by rockscan; 08-26-2016 at 12:34 PM.
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