Child support for the adult child

[malvina]

Since our separation, my ex paid child support for 2 children, ages 9 and 17, for the last 11 months. The oldest child turned 18 last month, so my ex came up with a motion that says "our oldest son is graduating grade 12 and is applying to the university. I have established an RESP account for both children which is worth approximately $28, 000 so there will be ample funds to pay the oldest son's tuition and book expenses". So my ex wants to discontinue the child support for the oldest son on the grounds of the RESP.
I'd like to argue with this motion. My argument could be:
RESP has been in the names of the children since 1998 and my ex and I contributed into it.
Can the fact that there is an RESP be enough to discontinue support payments for the child who is dependant and a post-secondary student?

[logicalvelocity]

malvina,

as you mentioned,

Since our separation, my ex paid child support for 2 children, ages 9 and 17, for the last 11 months. The oldest child turned 18 last month, so my ex came up with a motion that says "our oldest son is graduating grade 12 and is applying to the university. I have established an RESP account for both children which is worth approximately $28, 000 so there will be ample funds to pay the oldest son's tuition and book expenses". So my ex wants to discontinue the child support for the oldest son on the grounds of the RESP.
I'd like to argue with this motion. My argument could be:
RESP has been in the names of the children since 1998 and my ex and I contributed into it.
Can the fact that there is an RESP be enough to discontinue support payments for the child who is Dependant and a post-secondary student?

Interesting situation on your hands

Generally child support continues to be paid for the child until they obtain their first post secondary degree in cases of University or their first diploma from the community college. There is significant jurisprudence that support this position.

The cost of said expenses, books, tuition, dorm fees etc associated with the post secondary education cost of the child are shared on a pro-rated basis to reflect each parents income.

In your situation, and your stance with significant merit could be:

you still have to maintain a residence for this child when the child is not attending University. Therefore, it is paramount that child support continue. The RESP will not cover this expense

The other grounds you mentioned also have significant merit as the RESP is in the name of both children. Additionally, you also contributed to same.

I can't see all the funds of the RESP being released to benefit the one child when the plan in itself is registered in both children's name. It would be of great benefit to contact the plan administrator and request details if this is possible.

I hope this helps

lv