Tuition

[JustWondering]

curious what people's thoughts are on share of tuition. I know it's generally a 1/3 share for a child then proportionate share of the 2/3s between parents.

What if the child in the last few years had earned enough money such that tuition for an entire undergrad degree would amount to barely half of earnings? Essentially, the child earned enough to support their own way entirely and lots left to spare. Would it be unreasonable to suggest they pay their own way? I'm sure the custodial parent would not think so. Curious what people think before I poke the hornets nest.

[shellshocked22]

I'm assuming the "child" actually saved the money as opposed to having earned it but spent much of it ...

First of all, very impressive on his/her part ! My guess if it goes to court would be he/she would only be on the hook for one third - since an argument could be made that otherwise, the child would be penalized for saving the money as opposed to spending it.

Also depends on YOUR financial situation and also the difference in income between you and the custodial parent.

My suggestion is perhaps try and have all parties discuss what they think is fair. You already know the likely "worse case" scenario you described, wouldn't hurt to simply talk and see what all three people think....

Hope it works out ok for you....

[SomeGuy]

I'm in a similar situation with kids potentially earning significant funds during work terms.

I'm also interested in any "hard" guidance to the 1/3, 2/3 split which has been mentioned several times. I've found many cases on CanLII, some with up to 50%+ child contribution, but the courts seem to have significant discretion.

In my case, the kids and I have discussed and agreed what is fair... she's going hardcore for me to pay pretty much everything... First court appearance on my Motion in a couple of weeks.... ugh.

[rockscan]

There is no hard evidence and what is on can lii is only a smattering of cases not all. As my partners lawyer said he sees the cases and what judges go by. That being the 1/3 to the child. If they are going away to school they may be required to have a higher portion but that normally comes out in their share of living expenses. For the most part, judges dont agree that kids have to use all their earnings for school especially if their parents a) have post secondary degrees b) have high enough income and c) agreed to a level of schooling prior to divorce.

The bottom line is you WILL have to pay a portion, what that is will be at the discretion of the judge. If you go in reasonably, your ex will look like an idiot. Make sure you get it laid out what you are responsible for so she doesnt pull a "800 thread count egyptian cotton sheets and full size fridge" type of deal.

[whyme?]

I tried to get 1/3 and 2/3 in my arbitration but the arbritrator was having none of it. Straight s.7 expense and split that way between parents...though I suppose that could be looked at as just tuition and books - living costs would need to be examined outside of the S7 "lens"...

[HammerDad]

I tried to get 1/3 and 2/3 in my arbitration but the arbritrator was having none of it. Straight s.7 expense and split that way between parents...though I suppose that could be looked at as just tuition and books - living costs would need to be examined outside of the S7 "lens"...

Your arbitrator needs to be educated on how tuition works. Case law on the matter would have likely been necessary.