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  • rockscan
    replied
    RESPs are a little weird especially if it was set up during the marriage. It is not the kids' money. The grant is taxed to the kid but if their income is low it makes no difference.

    If you open your own RESP after divorce that is all your money. The judge in my husband's case even said to his ex “all that matters is he saved money for his portion of the expense and good for him for being that smart”. His ex tried to argue the grant portion was the child's and the judge said yes it is being used for their education. My husband's lawyer said it was good husband was smart and deposited the money first as he beat his ex to the grant funds. Which was probably her beef to begin with. She wasn't eligible for the extra money. She never would have given that as kid's portion if it was the other way around!

    Leave a comment:


  • Human Way
    replied
    Thank you for pointing me to the 1/3 thread.

    It is good to know that the RESP will remain with me. I was the only parent to set one up, and I will gladly spend it on my kid as she goes to school.

    Its funny because some lawyers websites are misleading. They claim the RESP is the child's money and would be used as their 1/3 of the contribution. Miss-leading information.

    I'm going to continue to keep reading.

    Thank you everyone for your input.

    Leave a comment:


  • rockscan
    replied
    It is recognized by law—the divorce act specifies child of the marriage and the federal guidelines outline support for child of the marriage.

    You may have to go to the main site versus tapatalk to see it. Or search 1/3.

    Leave a comment:


  • StillPaying
    replied
    Your search should be focused on "child of the marriage" vs s7 costs. It's case specific though - as long as the child has any inkling of going to school/training or has health reason, it'll be extended past 18.

    Leave a comment:


  • Human Way
    replied
    Question: Why is no post secondary no C.S. know within the law community and this forum but not formally recognized by the government?

    I have looked for the pin on post secondary? Would you be so kind to link it? ................if not ill keep looking.

    I would love to read it and be better informed.

    thank you!

    Leave a comment:


  • rockscan
    replied
    There is nothing that spells it out other than post secondary is a section 7. CS would be at the discretion of the judge as residency fees may be in place as well. When my husband was going through it in 2019, his lawyer provided a number of cases not on canlii that outlined no support for a child away at school and support paid when the child is in school and living at home.

    There is a pin on post secondary and the split that I wrote for the forum. Its pinned in financial matters.

    Leave a comment:


  • Human Way
    replied
    Hi Diverded. I am trying to gather information just like you. I am very grateful for the good people here that take the time to answer our questions.

    Hi Rockscan & Blink....... Thank you for taking the time to share answers.

    I have been digging through the old post and have not come up with this answer / link. Does the Canada / Ontario website clearly define post secondary rules or is it just implied. I have been searching many websites, all the lawyer sites have good information, some of them say you dont pay if the child is not in school. Some dont. But i have not found a government website that actually puts it in writing. If anyone has a better link that mine please share.

    Here is the closest i have found which is not a government website at......


    https://www.ontario.ca/laws/statute/90f03#BK37
    Law Document English View
    Welcome to the new e-Laws. It’s now easier than ever to find Ontario laws. We welcome your feedback.
    www.ontario.ca



    Obligation of parent to support child

    31 (1) Every parent has an obligation to provide support, to the extent that the parent is capable of doing so, for his or her unmarried child who,
    (a) is a minor;
    (b) is enrolled in a full-time program of education; or
    (c) is unable by reason of illness, disability or other cause to withdraw from the charge of his or her parents. 2017, c. 34, Sched. 15, s. 1.


    Is there an actual government website that spells out the rules of a (adult) child that is currently over 18 and not attending post secondary?

    As always many thanks.

    HM

    Leave a comment:


  • rockscan
    replied
    It is up to a judge depending on the age. Kids now are not self sufficient by 21-22 but payors shouldnt be subject to unfair orders. If he had been paying to 21 and kid wasn't in school, he would ask to be paid back retro overpayments or have that credited to future owing.

    Leave a comment:


  • Diverged
    replied
    I hope you don't mind my asking a question here OP,... But if the CS end date from the agreement has been reached (the "latter" end date of 21) and they haven't gone back to school by that point then hasn't the child/adults window for getting CS ended now? They waited too long and now a child support termination event had occurred...

    Leave a comment:


  • Diverged
    replied
    If kid goes back at 20 for a three year degree, you would pay cs for the years in the agreement and then request the overpayment be credited.
    ​​​​​​They are starting school after the CS end date stated.. But do mean he would still pay for the amount of years retroactively speaking that they could have been in school during the time that they would have been eligible? I thought he would have just been done at the CS termination event end date specified in his agreement?

    Leave a comment:


  • rockscan
    replied
    My husband went through something similar with the gap year and an agreement that said to 22. This seems to be the cut off and it is implied even if they did take those years off that cs would not be paid after 22. His lawyer said that they don't get to take time off and expect him to keep paying, mom was responsible for getting the kids into school and done before the cut off.

    If you have been paying since 18 and kid wasn't in school, you are able to request that money be either paid back or considered a credit against future support. If kid goes back at 20 for a three year degree, you would pay cs for the years in the agreement and then request the overpayment be credited.

    Leave a comment:


  • Diverged
    replied
    In ours it's specifically laid out if they aren't in school and are working and over 18, support ends. If they take a break and then pick up school again support is payable until another child support ending term is reached, for example turns 23 in our case.

    Leave a comment:


  • Diverged
    replied
    We're in a similar situation. I have a 17 year old step son turning 18 in late August. He's decided to "take a gap year or two" and work 28 hours per week at a job. I'm assuming the child support simply ends at age 18 in our case because he has a job and no school.

    I kind of assumed that if he went back to school the child support would pick up again until the post secondary child support end date/termination event of 23 specified in our agreement.

    Leave a comment:


  • Human Way
    replied
    Thank you for your response. Much appreciated.

    I'm still a little confused on how post secondary works after she turns 21. If she goes back to post secondary at the age of 21 and our family mediation document says that C.S. ends at 21 years of age, can Mom still reapply for C.S.?

    Lets say they go to school for a four year diploma, would I be paying until 25 years of age?

    This information is very help when it comes to financial planning. I have saved for her post secondary tuition and will happily support her. But the C.S. I don't have a good understanding of how to approach.

    Any input is always appreciate.

    HM

    Leave a comment:


  • blinkandimgone
    replied
    She would no longer qualify for child support, you could give notice that as of July 1, you'll no longer be paying.

    If she decides to go to post secondary, the mother can apply to have support reinstated, but it's not guaranteed, depending on how long the break is. This is a good case to review on it:

    https://www.lawtimesnews.com/news/ge...ucation/354179

    Leave a comment:

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