Post-secondary, 1/3, 1/3, 1/3 calculations

[Star7ontario]

Youre probably getting better grades the second time though! Thats what I found!

Residence is only applicable if its necessary. You wont find case law on that specifically. The only law I found was the Lewi v Lewi case where kid could have stayed home but didnt and he was on the hook for a higher share of costs. For you, if residence is much more expensive than usual then its pretty easy to say no. If kid really wants to do it he will need to find the money.

Im not a lawyer though but you have to ask yourself if its worth at least $5000 in legal fees to fight it. Judges use the Lewi case for kids share of costs....

I've looked for this case and I don't see it. If you can provide the date. I see three for this name combo but none say anyone was on the hook for more. When you have time! Thank you!


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[rockscan]

Heres the case: http://www.canlii.org/en/on/onca/doc...&resultIndex=6

If you also do a search of post secondary in your province you will get an idea of what is paid.

[Star7ontario]

Heres the case: http://www.canlii.org/en/on/onca/doc...&resultIndex=6

If you also do a search of post secondary in your province you will get an idea of what is paid.

Thank you!


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[Alpinist]

Question, if the child is living with the parent(s) while attending a postsecondary school for studies, is it still 1/3, 1/3, 1/3? Or does this change because there is now child support and less fees (residence, etc). Would it be just child support and treat the fees as Section 7? Sorry i am just confused on how this works.

[rockscan]

There is no residence fee but you still split the school costs (tuition, books, equipment and relevant transportation fees) 1/3 to each.

Technically it is proportionate to income if you have differing incomes that aren’t close to 50/50. For instance one parent makes 100 grand and one makes 20 grand. Then it’s 1/3 to the child and the remaining 1/2 split proportionate to income.

You also subtract any OSAP grants provided before splitting it and you share the net cost (less tax deductions).


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[Alpinist]

Great - that is very helpful, thank you!

[Alpinist]

My partner is working through postsecondary wording as well right now. His ex has made $20,000 per year for 3 out of the past 4 years. She seems to bounce around job wise and avoid working. She just proposed a post secondary clause in their SA where the kids income/bursaries etc is deducted first and the remainder is split "according to income". I think that ordinarily that is a good idea... But what about the instance where you know one payor is making hardly any wage? I know there is no way to force her to work but she will be essentially contributing nothing toward their education then?

[rockscan]

There are other factors too. Depending on the province, some offer additional grants to kids from low income families so if kid is using mom’s income, the amount could be higher which comes off the top. For instance, kid gets $5000 in grants which is subtracted from $12,000 in expenses.

There is nothing you can do to force her to work. You could try to have an income imputed driving the cost down but that would require a costly fight.

I suggest opening an RESP if possibly and putting as much money in it as you can. That way you get the government grant funds which add to your portion paid.

[rockscan]

This thread is really helpful. Is it well-known knowledge that any RESPs opened by extended family "belongs" to child(ren)? My ex is of the opinion that the RESP opened by her family members is "her" contribution for when the time comes. I anticipate significant pushback....so is there anywhere in law I can point to? Or case law?

There’s no caselaw. I searched, my husband’s lawyer searched and another poster who is in court searched. The problem is that most cases that involve an RESP get settled before trial.

Definitely open your own and get your deposits in immediately at the beginning of the year. If you both have an RESP, the first past the post gets the grant funds for the year. That money becomes the property of person who deposited it first.

Technically though, if your ex opened an RESP after separation and family put money in, she could argue it doesn’t come off the top as it is “her” account it just doesn’t matter who put it in. The caveat is that is she used the whole amount to fund the costs then there are no “out of pocket” expenses to be shared.


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[LovingDad1234]

Thanks for sharing this info

[Nadia]

In regards to commencing court action for contribution towards post secondary expenses from a reluctant parent, is it best to wait after the costs have incurred? Or should one commence action as soon as one has some idea of the cost? Daughter is in Grade 12 now and we have started looking at tuition costs etc. We have an approximate idea of how much it will cost. Can one commence the court application now? Especially in light of the fact that court process can be lengthy.

I’ve already reached out to the other parent several times asking him how he would like to approach post secondary expenses. As in what contribution he is willing to make if any, and have not heard anything from him. Was really hoping to avoid going to court.

[rockscan]

You can file a motion to change the existing agreement for post secondary. I would wait until kid has actually been accepted and you know what the costs are. If you and kid can afford to pay up front costs and then file that way, it would also help. Otherwise you would need an order specifically outlining what is owed.

[roryb]

I have a daughter who decided to go to university this year and it’s 6 hours from home. My ex and I were never married and really have never seen eye to eye on anything. No contact unless she needs something from me.
So we knew this day was coming and here it is.
We have a separation agreement that stated we both pay 50/50 for our daughters schooling. Neither my ex or daughter told me the school plans until August 20th. And the financials were not shared with me until last week.
Turns out no student loans, scholarships etc etc. My ex just expects it to be split with no contribution from our daughter.
I did speak to my lawyer who said the 1/3 1/3 1/3 rule. Also stated that our child should have some responsibilities as well.
When I suggested this to my ex she flipped out.
I know I make a lot more than my ex, so question is ... should I be happy with this 50/50 offer or press further?
I don’t find it fair that I was not advised of things sooner or given any input into any of it.

[rockscan]

Is it a program kid could have taken closer to home? If yes then your daughter has a MAJOR responsibility to contribute to the costs. Why were there no applications to grant programs or loans? Does your daughter work? Is your income over 150g per year.

The court looks at it as shared three ways or shared as 1/3 to child and the remainder split proportionate to income. Your ex and child can’t just make a decision (especially one with increased costs to go away) and then expect you to pay all of it. Not to mention that only certain expenses are deemed eligible.

I suggest you respond and tell your ex that you allocate 1/3 the expenses to your child and you will provide your proportionate share of the remaining costs and list out that amount. If she does not agree to this you can suggest mediation or let her file in court to get the money. You can easily self rep on this case.

[roryb]

Is it a program kid could have taken closer to home? If yes then your daughter has a MAJOR responsibility to contribute to the costs. Why were there no applications to grant programs or loans? Does your daughter work? Is your income over 150g per year.

The court looks at it as shared three ways or shared as 1/3 to child and the remainder split proportionate to income. Your ex and child can�t just make a decision (especially one with increased costs to go away) and then expect you to pay all of it. Not to mention that only certain expenses are deemed eligible.

I suggest you respond and tell your ex that you allocate 1/3 the expenses to your child and you will provide your proportionate share of the remaining costs and list out that amount. If she does not agree to this you can suggest mediation or let her file in court to get the money. You can easily self rep on this case.

Thanks for such a speedy reply. Appreciate it.
Yes, it’s a program that could have been taken within an hour from home but she chose to do it 6 hours away. I can only guess that maybe a friend was attending that same school and that helped make the decision. It’s a 4 1/2 year university program. Which is great for her and I’m happy about, but I’m not a bank.
I do not make near 150k. But I’m sure I make at least 50k more than mother.
My father had passed away 6 years ago and some believe I inherited a large sum, which is not exactly the case. So my ex thinks I should pay 50% of the total school cost. As per our SA. But our agreement also stated reasonable notice and that I be included in some of these discussions.
I don’t want to go to court over it but at the same time I don’t want to be walked over with this. I advised my ex that we each split it 1/3 but she laughed and so no, I pay 50%.