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  • post secondary Education

    Hi Everyone


    I'm looking for some help regarding this , I'm currently working on saving for my daughters educations the best I can. I'm aware the both parties have to agree to set section seven expenses. Also the child is liable for potentially 1/3 of the cost and the remaining 2/3 is the parents .


    Currently in my situation I have 50/50 custody and pay offset child support.


    When the child is away at school do you still pay child support or just for the months that they will be home.


    Also she keeps telling the kids Your Dad will be paying for all your school.


    I'm doing my best but to save but what if you don't have enough when they go to school. ?


    Thanks again for all you advice and help .

  • #2
    I am also interested in this and in a very similar situation. I have a few years to go, but I think it's not to early to make good plans.

    Comment


    • #3
      She can tell the kids whatever she wants but the fact is kids will have a share.

      If you have off-set support you are already in a unique position with a reduced rate of support. She could argue for full off set the months kid is away but in all likelihood, you will pay nothing because you both are paying for school.

      Section 7 requires written permission but post secondary expenses are required without permission in some respects. There is a great deal of case law on how much a child contributes but the prevailing one is Levi v Levi where the son who went away was responsible for a higher portion than the son who lived at home.

      What that means is the three of you will share the cost of tuition, meals, residence/rent, books and travel to school (if there is no bus pass with student card type of option) plus any agreed upon expenses. That split will be after grants and the tax benefit are subtracted. Kid normally pays 1/3 and the rest is split proportionate to income. THIS IS THE LEGAL ADVICE GIVEN TO US BY OUR LAWYER AND COMMONLY HELD JURISPRUDENCE IN CANLII THAT IVE FOUND—IM NOT A LAWYER THOUGH AND EVERY CASE IS DIFFERENT.

      You can start now by talking with your kids about what they want to do, where they want to go and how this will be paid for. Encourage them to find a job, do well in school and apply for every grant possible. This includes OSAP. Ontario provides up to 1/3 the cost of tuition as a grant. This could mean anywhere from $500 to $3000 depending on the parents financial situation. They don’t have to use all their loan money but they aren’t eligible for the grant without the osap application.

      You should also work on teaching them about budgets and financial smarts. And continue to remind your ex that you are not responsible for the full cost of school.

      I also recommend you open your own resp to get the grant portion. The resp you open are used for your portion of the expense.

      Theres a sticky in the financial forum that goes a little more in depth.

      Comment


      • #4
        good post rockscan

        I think people also have to remember that when children go away to school one doesn't typically sell the home or rent a smaller place simply because a bedroom is freed up. Many parents keep the child's bedroom intact and the child visits throughout the year. Something to consider.

        Comment


        • #5
          Lawyer said that excuse is bs. They have reduced expenses in food, hydro and water. In my partners case his ex makes double his income. CS reduction is almost $300 per month so $75 a week which is reasonable for food and utilities.

          Other cases are different though. Ive read some on canlii where earners of $200,000 were ordered simply $100 a month.

          Comment


          • #6
            Like many things in family law, the details and circumstances differ from case to case.

            Good point about reduced costs though. If my adult son were to move out, my grocery bill would decreased by at least 1/2. I wonder if the "bank of mom" would see a change?

            Comment


            • #7
              Is there a mechanism to pay CS directly to the child once they are in PS? That could pay towards their 3rd.

              Comment


              • #8
                Nope. That would be a gift to the child. You could try to have wording put in your agreement but its better to simple have it as cs averaged out for 12 months (4 months split) and if you want to pay kid anything over and above that, you can.

                Comment


                • #9
                  No, I'd only do it if it was instead of CS. I'd prefer that money going to them as soon as they are responsible.

                  Comment

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