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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 09-02-2014, 04:13 PM
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Default Who pays for university/collage?

I have a separation agreement but it doesn't state anything about how the parents are responsible for post-secondary costs. It says something vague like it is a material change in circumstance and will have to be revised.

So when our child finishes high school, who pays for the schooling? Can we both legally say screw you child, you’re on your own?

Can the law force one or both parents to pay all or a portion of his schooling?

If I were to take it to court to update the agreement, what would the judge decide based on case law, that both parents have to pay 1/3 and the child pays the other 1/3?
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Old 09-02-2014, 04:22 PM
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Quote:
Originally Posted by Canadaguy View Post
I have a separation agreement but it doesn't state anything about how the parents are responsible for post-secondary costs. It says something vague like it is a material change in circumstance and will have to be revised.

So when our child finishes high school, who pays for the schooling? Can we both legally say screw you child, you’re on your own?

Can the law force one or both parents to pay all or a portion of his schooling?

If I were to take it to court to update the agreement, what would the judge decide based on case law, that both parents have to pay 1/3 and the child pays the other 1/3?
Many agreements state parents pay 2/3 (Proportionate to income s7) and the child is responsible for 1/3.

I believe it depends on the income of the parents, and their education level. If you both have university you could be ordered to get your child the same.
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Old 09-02-2014, 04:31 PM
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No, my agreement does not state parents pay 2/3 and kid 1/3. Yes, we both have university educations and our incomes are both above 50k.

I think my issue will be getting the other party to agree to add the 2/3 to the agreement. Will search the forums/case law to find proof if she disagrees to the change a judge would order it.
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Old 09-02-2014, 04:33 PM
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Child Support guidelines (which would apply if your order does not specify anything) stipulate that
- Post-secondary tuition/books/fees are 'Section 7' expenses, to be shared proportionally to income.
- CS is payable as long as offspring is a 'Child of the Marriage' (google it)

Less clear is
- whether the child is to contribute anything (more common when parents' incomes are low) i.e. from bursary/sholarship or summer jobs.
- If offspring is living away from home (residence, or renting), then should some CS get redirected towards those costs?
- what happens re CS if offspring takes a gap year in which they are working part-time
- whether 2nd/post-grad degree also requires parents' support (depends on parents' incomes)
- whether RESP money counts towards offspring's, or parents' contribution.
- how to handle a CP/offspring who refuses to provide any details of enrollment/courseload/grades.

Last edited by dinkyface; 09-02-2014 at 04:37 PM.
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Old 09-02-2014, 05:03 PM
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My partner is going through this right now. It should be in your agreement about post secondary expenses. But post sec is a section 7 and covered under proportionate share minus a reasonable contribution from the child. For the most part that contribution is 1/3 with the rest split between the parents according to proportionate share.

Bursaries/scholarships/awards to the child are all their portion of the expense. If they get osap, thats their portion. If they get more osap than their 1/3, they keep the extra.

RESP is dependent on who owns it. If parents owned it before the split, it comes off the 2/3. If one parent opened one after the divorce, that is their money. The amount of govt contribution in the RESP is the child portion (im not quite sure about how that is calculated or invested in the resp).

If they are taking a gap year btwn, still a child of the marriage and eligible for support.

In my partners case, hes waiting on proof of enrollment and a statement of account before he makes his payment and will try to make it directly to the school. Also, his income is significantly lower than his ex so his cs is reduced while child is away.

His agreement also states one degree or age of 21 for end of child support.
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Old 09-02-2014, 05:12 PM
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Understood.

So because me and only me does an RESP contribution, the child's portion is the interest on my contribution and the grant from the governemnt.

So for example if I contribute $2,500 x 10 years = $25,000 that's my money do do what I want with.

My child would get $500 x 10 = $5,000 + interest on $30,000 over the 10 years.

So, I pay 1/3 (using my $25,000), she pays 1/3 (wherever she gets it from, a loan or something seeing as she doesn't do RESP's) and our kid does 1/3 (using my RESP donation of $5,000+interest).

So technically because I'm a smart investor my kid pays nothing and my interest on my investment pays his 1/3.

Kinda unfair seeing as the other parent doesn't pay anything until the day of school.
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Old 09-02-2014, 05:16 PM
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Quote:
Originally Posted by Canadaguy View Post

Kinda unfair seeing as the other parent doesn't pay anything until the day of school.
It isn't unfair. They either pay now or pay later. Paying later will be more of a burden for most parents. If a parent can contribute to an RESP now, that is the smart way to go. But unless the parents agree that each parent must contribute to the RESP, or a court orders them, there is no obligation to do it now. The only obligation is that they will eventually have to....
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Old 09-02-2014, 05:22 PM
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Yes but if both contribute equally the child gets the interest from their equal contributions.

If one parent contributes, the child gets all that parents interest for the kids 1/3 portion.

the parent not contributing isn't responsible for the kids 1/3. Thus, it is uneven share.
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Old 09-02-2014, 06:49 PM
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Somehow the idea of interest being counted towards the child's portion crept in to the thread (first seen in OP's response). I'd doubt (uneducatedly) that is the case.

On the other hand, the govt' grant money being counted as child's portion doesn't seem unfair to me ... if you regard it as the child's money from the start.
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Old 09-02-2014, 09:26 PM
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