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Hi all,
I have about 20 questions as lots of issues currently, but don’t want to write a novel that would be way too much for anyone to read, so going to split them up.
My fiancée/partner has severe ADHD and a learning disability, but he is an adult and did have a lawyer, although he used a “collaborative” lawyer as he thought that would be less acrimonious. Result was a weakly worded separation agreement, not that it matters much as his ex does not feel she has to follow any “rules” anyway and routinely ignores the agreement. Anyhow, reading and administrative tasks are very hard for him. Not an excuse, but an explanation. (Also explains why I’m typing this, not him). He had very little knowledge of any finances when they separated/divorced. She took care of everything. He just handed his paycheque over to her. She’s a CPA, so she’s good at that type of thing. He had to ask her for all the financials when they split as he had no idea.
1) 17 year old son going away to university in fall. They (she) has an RESP for him. Unsure of total. Maybe $40,000 now. It was a joint subscription. She contributed money, so did the grandparents, and he did as well.
When they separated, (2016) he was concerned about continuing a joint RESP as he was concerned she would not put the money into the RESP, so he said he would begin another on his own when he was financially able to. She had him sign a document stating the RESP was now a sole subscription.
I know that this will come across as petty but please keep in mind this is a tiny piece of the picture and she has taken him to the cleaners in almost every other way possible, so it’s not as petty as it may seem at face value.
The RESP has grown I would imagine, given interest etc, grants over the last 5 years. Since he contributed for a number of years to that RESP, would he not be entitled to part of the growth over the last 5 years? Despite multiple written requests, she will not even tell him or provide any copies of documentation of the current value of the RESP, and has flat out said that no one can calculate that, so any and all growth would not count towards his 1/3 of post secondary expenses.
Excluding the fact that he never should have signed the form changing the RESP from joint to sole, and it should have been addressed in the separation agreement (his lawyer who did have good reviews said that “you can be adults and work this out fairly so it doesn’t need to be included”) - does he have a leg to stand on?
Thanks for any guidance…..
I have about 20 questions as lots of issues currently, but don’t want to write a novel that would be way too much for anyone to read, so going to split them up.
My fiancée/partner has severe ADHD and a learning disability, but he is an adult and did have a lawyer, although he used a “collaborative” lawyer as he thought that would be less acrimonious. Result was a weakly worded separation agreement, not that it matters much as his ex does not feel she has to follow any “rules” anyway and routinely ignores the agreement. Anyhow, reading and administrative tasks are very hard for him. Not an excuse, but an explanation. (Also explains why I’m typing this, not him). He had very little knowledge of any finances when they separated/divorced. She took care of everything. He just handed his paycheque over to her. She’s a CPA, so she’s good at that type of thing. He had to ask her for all the financials when they split as he had no idea.
1) 17 year old son going away to university in fall. They (she) has an RESP for him. Unsure of total. Maybe $40,000 now. It was a joint subscription. She contributed money, so did the grandparents, and he did as well.
When they separated, (2016) he was concerned about continuing a joint RESP as he was concerned she would not put the money into the RESP, so he said he would begin another on his own when he was financially able to. She had him sign a document stating the RESP was now a sole subscription.
I know that this will come across as petty but please keep in mind this is a tiny piece of the picture and she has taken him to the cleaners in almost every other way possible, so it’s not as petty as it may seem at face value.
The RESP has grown I would imagine, given interest etc, grants over the last 5 years. Since he contributed for a number of years to that RESP, would he not be entitled to part of the growth over the last 5 years? Despite multiple written requests, she will not even tell him or provide any copies of documentation of the current value of the RESP, and has flat out said that no one can calculate that, so any and all growth would not count towards his 1/3 of post secondary expenses.
Excluding the fact that he never should have signed the form changing the RESP from joint to sole, and it should have been addressed in the separation agreement (his lawyer who did have good reviews said that “you can be adults and work this out fairly so it doesn’t need to be included”) - does he have a leg to stand on?
Thanks for any guidance…..
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