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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 10-03-2014, 09:03 PM
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Default S7 University Expenses beyond Tuition, Books, Fees

I have two daughters in university this year. Both are living away from (their mother's) home for school. Child support is continuing unchanged at $1081 per month. The financial arrangement for university, as dictated by the mother, is that the kids pay for their residency and the parents split tuition, as in tuition, books and fees as stated in section 7. She is now wanting me to pay a share of miscellaneous items purchased for university totaling close to $1200. These items include such things as 2 printers, printer ink, pillows, bedding, shoe rack, organizer, towels, 1 bed, chair, microwave and "dorm supplies". My question is are these legit section 7 university expenses or should they be paid for out of child support?
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Old 10-03-2014, 09:33 PM
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If they are both away, your cs should be reduced to roughly 1/3 to a 1/4 per child during school/residence term. During the summer months May - August when they are home, full cs would be payable.

Your current monthly cs will decrease, but your s7 will increase to cover your proportionate share of post secondary expenses - inclusive of residence costs. Spend some time on this forum and search post secondary.

We have a whack of threads that break it down and argue it out. Focus on proportionate shares after child contribution.

Your ex does NOT get to dictate these terms. To you, or to the kids.

When you are planning, be aware that laptops, printers, ink etc., have all been included as legit university s7 many times on Canlii. I think however, the ex would be hard pressed to show a shoe rack, pillows and towels as s7 expense. Geesh. I think I hear it all, and then I log in and read more.
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Old 10-04-2014, 11:55 AM
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Thanks so much for your reply. It's a great help.
Printers and ink sounds a lot more reasonable.

I suspect trying to change the university arrangement would involve a ton of conflict and probably court so I'm not sure I'm prepared to go down that road. She would go ballistic for sure. Reading in the forums, it sounds like the accepted split would be 1/3 from the kids and 2/3 proportionate of the total from the parents. Maybe she had them pay residency so that child support wouldn't be reduced since I wasn't paying towards them living away from home. Who knows.
The annoying part is they are paying their own living expenses and only see a small fraction of the child support. But such is divorce.
I won't even get into her not releasing the (non RESP) investment for their tuition!

Thanks again.
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Old 10-04-2014, 12:22 PM
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Ya you should still try to fix this. Youre going to get push back no matter what because she obviously wants to dump extra expenses on you and what if residence is more than their 1/3? How is that fair to them? Plus if either of them get scholarships or grants, it sounds like that benefits the parents since it reduces tuition which the kids arent paying for. Id be telling her you spoke to a lawyer and the costs need to be adjusted according to the law. And you include the resp funds especially if theres a govt grant portion to the kids.

Cs is reduced for the 8 months theyre in school. You take all education expenses (tuition, residence, books, lab fees, computers, and a reasonable travel amount) split it by three. Kids are responsible for 1/3 and that portion can be covered by scholarships grants awards and resp govt portions. Then the other 2/3 is split according to the s7 % split.

Shes being ridiculous and if you let her get away with it youre screwed. Plus, your kids could be suffering too.
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Old 10-04-2014, 01:37 PM
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Thanks for the info rockscan...good to know.
Any grants etc., go to the kids and I hope to be in a position to help them out more once child support ends. I think that's a lot for them to pay.
The investment is in the form of real estate, not RESP. She says its better if they hang on to it. True, but I found out at the eleventh hour that educational savings were now non-existent. I'm the bad dad if I argue that, so I sucked it up.
I'm afraid it's too late for the getting screwed part!
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Old 10-04-2014, 05:46 PM
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My partners kid is in residence and its 10 grand a year. But when they did the split her share of costs came to 6800. Thats why im saying it might not be fair to your kids if theyre paying 10 vs 6 or 7.

My partner is also the bad dad for whatever the reason of the day is. No matter what you do youre the bad guy so stop worrying about that and make sure the split is fair. You cant help them in the future if youre tapped out and really, how much of the $1081 are they getting each month?
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Old 10-04-2014, 05:50 PM
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Also, if she tries to take you to court for sheets and towels when shes getting over a thousand in child support PLUS having residence paid for she'd probably lose and have to pay costs. So I say call her bluff and tell her to try. A lawyer will tell her these expenses wont get paid for.
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Old 10-05-2014, 08:53 AM
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It is really important you don't take this forum as 100% truth. I myself have found that responses are more and more from what they have already read here which may or may not be reality. Although there are some cases on Canlii with the 1/3,1/3,1/3 as life goes forward... I have read more cases that if it was contemplated at the time of the order; it was written with what both parents would have done if still together and the order stands as is unless there is material change in circumstance that has occurred.

The question that stands out to me for an informed answer of possible real answer is:

Do you have a final order that is from either a minute of settlement or trial that contemplates post secondary for the children and how that will be dealt with? I bet you agreed to this and it was put in an order.

If you do it is most likely what the parents would have done if they were still together which will stand in court unless you can prove a material change in circumstances.

If your children are paying residence costs I believe they are sucking up more then their percentage and doing their part. Be proud that your children are being so responsible and don't fight about pillows or a laptop. Remember this is going to over soon for you and you have raised financially responsible kids that will be educated and able to support themselves.

Well done to both parents! 1200 bucks isn't worth the chaos to me is it to you?
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Old 10-05-2014, 09:59 AM
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Quote:
Originally Posted by Reality View Post
.. I have read more cases that if it was contemplated at the time of the order; it was written with what both parents would have done if still together and the order stands as is unless there is material change in circumstance that has occurred.

I too understand this to be accurate [my interpretation] of various cases I have read on CanLii.
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Old 10-05-2014, 11:22 AM
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There is nothing specific in the order about post secondary. Just the proportionate section 7 clause to which I was identified as 47%. Right now I am doing 50% of their university, just because it's their education. Not that that stops her from kicking back on everything. Plus I caught her lying about the tuition costs and she has defaulted on about $30,000 she owes me, but let's not open that can of worms. I could go on and on. For now, I'll just pay for the printers and ink.
Thanks all.
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