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Old 06-29-2021, 03:35 PM
Clarityseeker Clarityseeker is offline
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Thank you for your very detailed and helpful response.

A question for clarification on the RESP. There are two portions to the RESP - the principle portion which she paid into and then the EAP portion - which is the Government grant - not her money. In our case, the EAP portion was directly payable to my Partner's son - as he was the registered beneficiary and it was only payable based on his school registration for his use towards his education, otherwise it wouldn't be payable at all. There was even a T3 issued in the child's name. My Partner's Ex got all of her RESP principle back to do with what she pleases.

So - would the EAP gov grant portion not belong to the Child for his contributable portion? It is really hard to find answers to this. Obviously the principle is hers but I think I am reading here that the gov money is hers as well and not the child's to credit against tuition? He didn't get any of the principle she kept that for herself.

Regarding the travel - thank you for the suggestion. He can thank her for eliminating the child's costs by including him in her drive to work (using a softer approach) and then offer a reasonable amount per week for gas. I guess we will see how that goes and then if she wants to fight it then we can bring it before a judge with our argument and hope for some reasonableness to be applied.

To clarify on the living situation. Child 1 lives with her 40km from school - public transportation not available (She works 5-10 min from the school). The same university (same program) that he is attending while living with her also has a location within bus distance from our house. Mother will not entertain discussions for him to live with dad and the DRO suggested it was inappropriate for dad to offer that to the 17 year old child.

Regarding the OSAP docs and school costs for 1st year for the son living with us - I agree they are not a secret - the problem is is that if we provide them, she will dig it all up and cherry pick the items that she thinks benefit her and try to apply them to the current bill (yes - all 3 proportions owing on it have been set out). It is honestly not worth the aggrevation. We tried to get them to discuss school costs with us a year ago and by the time it was even acknowledged by them, his first year was done and they immediately closed the books on it within the Order.

If we say no - its not relevant - because the Order says Year 1 is finished and dealt with - we would want an amended Order first before we go down that road opening year 1 back up stating that she needs to pay her proportionate share after Grant/EAP is applied - which also needs to be clarified up front or that will turn into a huge battle (She will continue paying her lawyer to fight as long as she doesn't have to pay my Partner - the numbers don't need to make sense).

We have learned that her lawyer avoids clarification of anything because it allows her make the rules in her favour as she goes along and she is a tyrant. So we want to insist on an Amended Order first, before we cough anything up.

I just want to be sure that what the Order states - is from the date of the Order and we are not obliged to apply any of it retroactively when it does not say retroactive, especially when the Order specifically addresses the completion of Year 1 college payments have already been dealt with.
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