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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 06-08-2016, 02:59 PM
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Default University, s.7, 1/3 – 2/3… a first hand experience

Finally got my day in court… and very strange it was…

Here’s some info (and myths debunked) for common questions on the forum in regards to child’s contributions towards their University Education.

Today was my first full blown Motion Hearing….. I initiated it a year ago to modify child support to reflect the fact the kids have moved out of her house and are attending university.

This was a Full Motion… however after 2 hours the (very) Senior Ontario Justice just gave up, adjourned the hearing and said solve it ourselves or get another Justice. He did provide us with 2 additional hours as a Settlement Conference, but nothing was resolved and we now have a date in October to continue the Settlement Conference.

Couple of issues he was very pointed on:
1) Adult Children are *NOT* expected to contribute a penny towards their university education. i.e. the 1/3 – 2/3 concept is an illusion and not cast in stone. Parents must pay everything unless the child earns at least $8k/year.

2) Adult Children are *NOT* expected to work during the summer…. And even if the child works, the parents are expected to provide undocumented “beer money” (he called it) during the school year, in addition to the usual list of expenses.

3) Do *NOT* try and budget and allocate the RESP over the course of their education. Drain it… then deal with the fallout.

4) Receipts are not necessarily required. The word of the custodial parent is sufficient in come cases.

This was my first experience confronting a decision making judge.
After a lifetime of saving and planning so my kids wouldn’t have to worry about these years, I continue to be so beyond disillusioned, both with her and with the system, that words elude me.

The best interest of the Children is the last thing happening....
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Old 06-08-2016, 05:25 PM
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Strange. I thought one went to motion when settlement wasn't achieved. Did you previously go through settlement conference circus before motion?
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Old 06-08-2016, 06:08 PM
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From the Case Conference we were ordered straight to Motion hearing as the issue was deemed "simple".

Knowing her, the SC will accomplish nothing... but I really can't believe a judge is allowed to just "give up" at an actual Motion Hearing.
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Old 06-09-2016, 09:18 AM
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Quote:
Originally Posted by SomeGuy View Post
From the Case Conference we were ordered straight to Motion hearing as the issue was deemed "simple".

Knowing her, the SC will accomplish nothing... but I really can't believe a judge is allowed to just "give up" at an actual Motion Hearing.
You self represented?

Judges can order a SC on the matter from a motion. 2 hours is a "long motion" and surprising that you got that much time. General motion hearings are 15 minutes.
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Old 06-09-2016, 09:54 AM
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We both self rep... It was scheduled as a long motion. Didn't know an SC could be ordered from a motion... I was so hoping that being a "Motion", a final order would finally be made.

If history is any indication, SCs are completely useless as there is no way on earth she will voluntarily agree to anything. SC > Motion > SC > Motion...

gawd... this will never end
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Old 06-09-2016, 10:01 AM
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Might have been the reason the judge was so difficult too. Also, when you say "confronted", this is worrisome. The judge might have also been unhappy with the approach.

Hopefully the next judge is different.
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Old 06-10-2016, 08:56 AM
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Here is a recent decision from Alberta Court of Appeal

https://www.canlii.org/en/ab/abca/do...16abca177.html
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Old 06-10-2016, 09:46 AM
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Important to note the statement of "means of the parents". Keep that in mind. Higher income earners are expected to pay more for their kids' education.
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Old 06-10-2016, 02:48 PM
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Thanks Arabian for the link!

I have a pretty good, but in no way extravagant income. She doesn't work at all. Paying their "entire" University will cream us both.

Judge was very clear there will be NO contribution from the kids... even though both are working. Anyway, since I've got time, ugh, again... it's back to case law research...
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Old 06-10-2016, 02:50 PM
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Thats such bs especially if kid is eligible for grants from OSAP. They dont have to use the loans, they can use the tuition discount if eligible and the grant money.
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