Announcement

Collapse
No announcement yet.

No agreement what so ever.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • No agreement what so ever.

    What is your experience when dealing with post secondary education costs (cs,tuition expenses, books etc)? We never had anything on paper. I mean anything.

    We separated, common law, and we basically just walked away kept on good terms. The ex paid child support and let me keep the dog. I was happy, he was happy and our son was happy.

    Now heís hesitant to pay for schooling since son is moving out of town.

  • #2
    You can still file a motion for school fees. As discussed in the other thread, he has a share in the tuition, books and related expenses. If your son can take the same program and live at home, dad would still be on the hook for cs.

    What is his income and education level?

    Comment


    • #3
      Originally posted by rockscan View Post
      You can still file a motion for school fees. As discussed in the other thread, he has a share in the tuition, books and related expenses. If your son can take the same program and live at home, dad would still be on the hook for cs.

      What is his income and education level?
      60ish and 1 year college. How difficult is a motion?

      Comment


      • #4
        What is the program, its costs and how does your expect to contribute.

        If he stays home has your ex agreed to continue cs and pay a portion of the expenses?

        Comment


        • #5
          Not having an agreement doesn't mean the law does not apply. Here is what the law says:


          https://www.justice.gc.ca/eng/rp-pr/...ep7-etap7.html


          Your ex will have to pay their proportional share of all reasonable and necessary costs. The question in your situation is whether or not the child going to school away from home is reasonable and necessary? I would suspect that a judge would determine that living away from home for college/university is reasonable, as many children do it. The argument for necessary would be whether the program at the away school is better for the child.


          Your ex will have to pay something, that is clear. Post secondary education is well defined as being a section 7 expense. Normally the way it works the cost breakdown goes like this:


          After all grants, bursaries, scholarships etc. are taken into consideration and deducted from the overall cost;



          1. Child pays 1/3rd of the cost be it with money they have earned or loans;


          2. the parents pay the remaining 2/3rds proportionally to their respective incomes.


          I would remind the ex that c/s is drastically reduced/stopped for the duration the child is away at school. That may sweeten the pot for them to come around.

          Comment


          • #6
            Is the proportion to income based on last years salaries or three years?

            Comment


            • #7
              Originally posted by 2019Sunshine View Post
              Is the proportion to income based on last years salaries or three years?


              Its based on either the current income or the last years income. It all depends on when the expenses come through. If you know your income is higher than the tax return (ie you were unemployed for most of the previous year but started earning more since then) then you use the higher income.

              Comment


              • #8
                I use current my current income. I update my ex and c/s as soon as I get a raise, then we work out the % for s7. That is the way it is supposed to work but not all people care to do it that way due to hurt feelings or whatever, or their agreements/orders provide that it s7 is calculated at a certain time based off of each parents NoA.

                Comment


                • #9
                  Originally posted by HammerDad View Post
                  I use current my current income. I update my ex and c/s as soon as I get a raise, then we work out the % for s7. That is the way it is supposed to work but not all people care to do it that way due to hurt feelings or whatever, or their agreements/orders provide that it s7 is calculated at a certain time based off of each parents NoA.


                  My partner tried to use his current income for post secondary one year (his taxes showed half what he was actually making) but his ex disagreed with how the expenses were calculated. Now because its before the court he has to use his lower tax amount. If she had been reasonable, it would have been updated immediately and calculated accordingly. Thats why I mention it as its supposed to change immediately.

                  Comment


                  • #10
                    Originally posted by rockscan View Post
                    My partner tried to use his current income for post secondary one year (his taxes showed half what he was actually making) but his ex disagreed with how the expenses were calculated. Now because its before the court he has to use his lower tax amount. If she had been reasonable, it would have been updated immediately and calculated accordingly. Thats why I mention it as its supposed to change immediately.

                    Yeah, your partners situation is different than mine. My ex is generally reasonable, most of the time. And my income has only gone up for the past decade, so there hasn't been that awkward conversation of "by the way, my income is lower so you are gonna have to pay more". I have a feel that if I had that conversation with my ex, she would be less reasonable.....

                    Comment


                    • #11
                      Originally posted by HammerDad View Post
                      Yeah, your partners situation is different than mine. My ex is generally reasonable, most of the time. And my income has only gone up for the past decade, so there hasn't been that awkward conversation of "by the way, my income is lower so you are gonna have to pay more". I have a feel that if I had that conversation with my ex, she would be less reasonable.....

                      What amazes me is that she was collecting cs for a kid who wasnít in school/living at home for over a year. This was discovered during their court process. Which meant not only was cs wrong for two kids, she wasnít entitled to cs for one of them. She still insists she is entitled to extra cs though. Havenít seen her sc brief yet. She was schooled pretty thoroughly by the judge which makes us hopeful she will be in a settlement mood.

                      Comment

                      Our Divorce Forums
                      Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                      Working...
                      X