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Old 05-16-2011, 09:47 AM
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Default RESP and CS during College/Univ

Does the courts take into account RESP's when the look at CS during post secondary education?

Me and the Ex have been contributing into RESP's for the kids since they were born. When they are ready to go to college or Univ they will have about 30,000-35,000 each.

So does the courts take this money into account? I am not up to paying CS while they go through their post secondary education especially since they will have a good amount to get them started.

If I am on the bill, (I better not be) then what is an exact cut off time?
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Old 05-16-2011, 10:52 AM
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Quote:
I am not up to paying CS while they go through their post secondary education especially since they will have a good amount to get them started.
Man are YOU in for a surprise....post secondary is considered a section 7 expense and is TOTALLY separate from CS. You will most likely be made to pay CS until the completion of the first post secondary degree in addition to a pro rata share of the post secondary expenses.

In regards to your specific question:

Yes, the courts look at RESP contributions. Typically the formula used is Post secondary cost - available funding (ie. RESP's, Bursaries, grants).

IF there is a remaining balance after applying that formula...1/3 of the remainder is the child's responsibility to cover, either via student loans, savings, part time work, etc. The other 2/3's is split proportionate to income between you and the ex, as with ANY section 7 expense.
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Old 05-16-2011, 12:23 PM
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That is horse Sh!t pardon my language. If I was still with my ex I wouldn't support them through there college. They would get a job and learn that the world isnt free.

Yet the courts now deem it necesary that I am made to pay for something I never would have if I was still with the ex? Horse Shit!
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Old 05-18-2011, 02:40 PM
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They will screw you to the wall!
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Old 05-18-2011, 02:59 PM
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Unfortunately the "best interests of the children" check would apply in these kinds of cases, so it doesn't always follow the same thing as would occur.

What you CAN try and do is to offer to have CS sent directly to the child as your contribution towards their education. The argument is always going to be that you knew that the kid may eventually want to go to post secondary, so you should have been preparing for it.

If you contribute sufficient amounts to the RESP and you look at that formula, you wind up contributing next to nothing if the RESP hold sufficient value.

And any parent is going to do their best to help and support their child, even if it's not through monetary means. Even if it's allowing the kid to continue living in the house while they attend, that's still a cost (to feed/cloth them, etc)
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Old 05-19-2011, 08:38 AM
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Originally Posted by NBDad View Post
Unfortunately the "best interests of the children" check would apply in these kinds of cases, so it doesn't always follow the same thing as would occur.

What you CAN try and do is to offer to have CS sent directly to the child as your contribution towards their education. The argument is always going to be that you knew that the kid may eventually want to go to post secondary, so you should have been preparing for it.

If you contribute sufficient amounts to the RESP and you look at that formula, you wind up contributing next to nothing if the RESP hold sufficient value.

And any parent is going to do their best to help and support their child, even if it's not through monetary means. Even if it's allowing the kid to continue living in the house while they attend, that's still a cost (to feed/cloth them, etc)
I agree that parents should do what they can to help their children. However at some point a child isnt a child anymore. The courts should factor in that at 21 they can get part time jobs to cover off alot of their expenses.
If I were still with the ex, I would have told my child that when they go to university they would need to get a job to cover of their expenses and what not. Somehow I dont think a court in the world would have forced me to pay if this was the case. Yet because I choose to leave a horrible marriage the courts figure I need to feed my children with a golden spoon till there 24ish. This is still HORSESHIT.
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Old 06-21-2011, 09:30 AM
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Cashcowforex. I can relate on EVERYTHING your saying. I have a very hard time getting my head around it. Your not alone!
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Old 06-21-2011, 09:31 AM
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NB DAD
So lets say there 1st post secondary isn't finished until they are 25 or 26...only because they didn't start until they were 20.....parents pay until that age???? I'm shocked
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Old 06-21-2011, 09:48 AM
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Quote:
Originally Posted by NBDad View Post
What you CAN try and do is to offer to have CS sent directly to the child as your contribution towards their education. The argument is always going to be that you knew that the kid may eventually want to go to post secondary, so you should have been preparing for it.
The only issue I can see with paying directly to the child is if they are living with the other parent, the parent is paying the costs to maintain a residence for the child so CS should go directly to them. Even if the child is in residence during school months, they still require a home to go to during the rest of the year.
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Old 06-21-2011, 09:52 AM
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Originally Posted by cashcow4ex View Post
If I were still with the ex, I would have told my child that when they go to university they would need to get a job to cover of their expenses and what not.
I figure if they are in university, THAT IS THEIR #1 JOB - don't waste the $$s spent on tuition by not doing the needed after-class studying. Sure, summer jobs can help - but at that point they are UNSKILLED labour - not too likely to be raking in much for those 3 months... and ideally they would live at home during the off-term to save money again (which means parents are supporting somewhat).
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