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**rockscan** · 10-27-2015, 08:05 AM

Advice on Post Secondary Education costs

Do a search on this forum. You'll find that kids are responsible for a portion of the expense, more so if they choose to go away.

My advice is to let your ex know in writing that you will be following the common practice of splitting the expense as one third to your children with the remaining 2/3 split proportionate to income. That the amount split is the net cost less any scholarships, bursaries and tax benefits. Also let her know that you expect your kids to apply for OSAP making them eligible for the 30% off tuition and potential grant money awarded.

You should also go into the OSAP calculator site and do a rough calculation to find out what your kid might be eligible for. If they live with their mother and she has a low income they become eligible for more grant money which will show up in that calculator.

When you have this info, add it to your email and point out that the tuition reduction is a benefit to all of you and the grant money will cover her portion of the expense. The loans she gets can go into a savings account to pay off the amount owing later. Let her know you will not budge on the benefits your kids will receive from the government for post secondary education.

This seems to be a trend lately. While kid shouldnt have to pay for the full expense and go into debt, courts side on having kids pay a portion. And OSAP isnt like it used to be. Kids from lower income families are more eligible for grants. Plus they dont get the 30% off tuition if they dont apply!

Also: DO NOT say anything about your expenses or your living situation etc. this is business with your kids. Nothing else but the cost allocated to you your ex and kid comes into this discussion. Judges dont care what other responsibilities you have.

**SomeGuy** · 10-27-2015, 08:13 AM

I'm in a very similar situation, and one thing to make clear is that a significant portion of OSAP is pure GRANTS... (i.e. not loans). The student then has the option to take further loans if desired/necessary/etc.

Both my kids applied, and received, about 30% of their tuition in the form of these grants. It is HER income alone (i.e. the parent they last lived with) which determine eligibility... not yours.

There is absolutely no reason whatsoever to "avoid" applying for OSAP. That money applies directly to the CHILDs 1/3 of the cost... and by not applying that only hurts the child.

**blinkandimgone** · 10-27-2015, 09:08 AM

Your ex can express their feelings to you and the kid however she cannot prevent the kid from applying. She also has an obligation to apply for and accept any and all financial aid, grants etc available to her and it is the net cost after that thay gets split.

Agreed with the above poster regarding your new family - leave that out as it has zero bearing on your obligations to your first family...that was your choice, not theirs.

**rockscan** · 10-27-2015, 09:25 AM

Originally posted by blinkandimgone View Post

Your ex can express their feelings to you and the kid however she cannot prevent the kid from applying. She also has an obligation to apply for and accept any and all financial aid, grants etc available to her and it is the net cost after that thay gets split.

Agreed with the above poster regarding your new family - leave that out as it has zero bearing on your obligations to your first family...that was your choice, not theirs.

I like this wording too--obligation to apply for all eligible benefits and awards. Definitely go in the calculator to see how much kid would be eligible for and that can also go in your response.

**blinkandimgone** · 10-27-2015, 10:51 AM

This is an interesting read, specifically on this topic and does address OSAP loans:
Student Loans and Child Support - Adult Children Contribution

**Niagaragirl** · 10-27-2015, 10:57 AM

Thank you all so much for the info.

I do have one additional question though. What if the ex refuses to provide her income as well as her signature on the OSAP form. Do we have a legal recourse to force her to do so.

**rockscan** · 10-27-2015, 11:00 AM

Theres also a couple good cases that judges use as a base for their decision. Kids are required to contribute but they dont have to go into crushing debt. Your partner isnt saying hes going to pay nothing, hes saying he will pay his share. Hisex cant say he has to pay all of it. It doesnt work that way.

**rockscan** · 10-27-2015, 11:04 AM

Originally posted by Niagaragirl View Post

Thank you all so much for the info.

I do have one additional question though. What if the ex refuses to provide her income as well as her signature on the OSAP form. Do we have a legal recourse to force her to do so.

Doesnt she provide her income info annually?

Do the calculator and get the estimated numbers. When he has that, send her notice that based on his calculations kid would be entitled to $xxx off tuition and $xxx in grants.

She cant control her kid like that. Does he have a good enough relationship with the kids to encourage them to get the application in? They will have to pay a portion so why not use the money thats free?

**Niagaragirl** · 10-27-2015, 04:42 PM

she does provide her income annually but is very secretive about it in regards to disclosing ANY info to outside sources which is why we think she will not be willing to disclose this info.
As far as the children go, they will no do anything against their mother's wishes, she is in total control. Also, when the children is away at school, is the mother enitiled to the same support for that child?

**rockscan** · 10-27-2015, 06:05 PM

The bottom line is there are benefits to filing for osap. Kid doesnt have to use the loan but they have to apply for the grants and tuition reduction. They are responsible for a third of the costs however they want to pay it.

If she files her income tax all the kid needs is her line 150 so the whole not wanting to disclose is bullshit.

He needs to send her a strongly worded email stating he expects they will apply for osap to be eligible for the tuition credit and federal/provincial grants. Based on an initial estimate (the calculator info), that total is in excess of $XXXX. The tuition credit is a benefit to all three of you and reduces the cost of school. Child is responsible for one third of the total cost and as parents you want your children to grow up understanding responsibility. If she fails to do so, you will consider reducing the costs claimed by the estimated amounts and any further monies she feels she is owed, she can let a judge decide.

As for CS, thats a slippery one. My partners lawyer said no cs and his agreement says no cs. If your partners agreement says no cs then no cs is payable while child is away. That cost is covered in the share of living expenses he will pay.

Your partners ex can say whatever she wants about what hes going to pay for in her mind. The courts will disagree with her and then she may even be on the hook for costs. Shes not the first one to pull this crap. My partners ex played a similar game last year and when she did finally speak to a lawyer she had to accept what my partner provided which was in line with case law.

**Niagaragirl** · 10-27-2015, 06:40 PM

Firstly, our separation agreement does not state anything regarding what happens to the support payments while a child is away a school. Considering the fact that she is adamantly opposed to OSAP, do you think that a motion to change now is something to consider since I have three children that will be attending post secondary.

**rockscan** · 10-27-2015, 07:34 PM

How does she get the s7 expenses paid now? Submit the receipt to you and then you pay?

Kid has to apply for osap whether your ex wants it or not. Send the email and see what her response is.

**Niagaragirl** · 10-27-2015, 08:03 PM

thanks for your input

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Advice on Post Secondary Education costs

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