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denbigh 09-29-2017 12:43 PM

writing up postsecondary expenses in agreement
I see all these posts all the time about paying for schooling and disputes about how long and under what circumstance. Is there a standard expectation, or is it quite variable? What should go into an agreement in the first place to avoid disputes on this topic later? It is some years away, but I see my neice making poor decisions and it worries me, and since currently trying to get an order in place I want to be proactive on this topic now.

I was considering suggesting the agreement say we would each pay our share of section 7 expenses relating to school for 5 years of school or finish a first degree, which ever comes first, and limiting child support to that time frame. Is that resonable or if a dispute would a judge find fault with that? Is there an expectation that parents would have to pay for more than one degree, or advanced degrees, or be on the hook for some extremely expensive programs? It is one thing if there are extraordinary reasons a child couldnt attend, maybe a serious illness, etc, and that I would agree to change and feel is reasonable. However, I want to avoid a situation where the adult child can go to school part time, or fail classes and take forever to finish one undergrad degree. I see my neice currently in second year who last year did not take a full course load (4 classes instead of 5), failed one, this year also not taking a full course load, and she is not working, so that is not the reason she isnt taking a normal load. There is no way she can finish a degree in 4 years at this speed. If my child decided to fritter away their time, then I would prefer to have a 5 year max on it to encourage them to go to school in a timely manner. It is one thing to fritter away your time on your own dime (as my neice is doing via loans and will be in for a shock when she has to pay it all back), it is quite another to expect a parent to pay your way through time wasting adulthood.

what is a typical expectation for postsecondary support?

rockscan 09-29-2017 01:04 PM

Post secondary is grey and theres no case the same as the other. The standard is one degree with kid paying 1/3 and cs if they live at home, cs for summer if not. Proportionate share of net expense of two thirds.

That said, depending on incomes, education plan, expectations before divorce, education of parents etc its a crap shoot.

If you have a good relationship with your kids it isnt a big issue. If you dont then you need to have some language in your agreement including: expectation that proof of enrollment, transcripts, and OSAP (loan) details will be provided in a timely manner; expectation that child will attend school full time; expectation that program of study is in line with career goals; details on child support; and, details on calculations.

If your kid is going to school simply for some letters then telling them they can take five years is ridiculous. There are summer courses and intersession to make it up. If they have a legitimate program that will take five years (like an MBA or HBA) then thats reasonable.

The bottom line though is that it doesnt matter what is in your agreement, your ex could still come after you for more. My partners agreement says 22. Hes battling over paying more years because kid frittered away her school. Ex is claiming health reasons.

denbigh 09-29-2017 01:57 PM

Yes, i suppose you could do it by age, I didn't think of that. Although it seems from this website, there could be a situation where a kid takes a year or 2 to work, and then goes back to school and parents still are requred to pay. AT what point does that ever stop? What if child did not go to school until 25 or 30 years old, is the kid still considered a child of marriage and parents must support through school?

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