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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11  
Old 05-23-2019, 04:00 PM
Lemongirl Lemongirl is offline
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Jumping in in this thread to ask if anyone has argued that the Ontario 30% tuition grant be considered as a deduction from the total tuition cost prior to splitting between both parents and child accordingly? It’s a free grant that is not paid back and all you have to do is apply and meet the criteria for income, etc. Should the onus be on the primary parent to assist or encourage the child to apply for it?
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  #12  
Old 05-23-2019, 04:42 PM
rockscan rockscan is offline
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Kids are supposed to apply for all available grants, subsidies and scholarships. The OSAP grant comes of the price of tuition BEFORE it is split. That amount is then split three ways.

This is how my partners lawyer has calculated it and the motion judge agreed.
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  #13  
Old 05-23-2019, 05:14 PM
Lemongirl Lemongirl is offline
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So what should happen if the child doesn’t apply for it and the other parent provides tuition receipts. Do you just pay your portion of the total or do you deduct what the Ontario grant estimator says the child would have received had they applied?
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  #14  
Old 05-23-2019, 06:23 PM
rockscan rockscan is offline
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You could try. Im not sure if it would work though. But it doesn’t help the child or the ex as the grant would save them money too.
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  #15  
Old 06-14-2019, 08:19 AM
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Does anyone know or have an official link that states "joint RESP's" are to deducted before the proportionate salary split?
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Old 06-14-2019, 09:41 AM
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There is no link. If you both paid into it then its owned by both of you. You can either subtract it from the top of the amount or from your proportionate share.

As long as you can prove it is jointly owned (would need both your signatures for withdrawal) or that you paid into it equally, you are set.
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  #17  
Old 06-14-2019, 10:18 AM
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Thats my issue. I am trying to get the joint RESP's deducted from the top and she is trying to split the RESP's 50/50 and use her half for her proportionate share. These RESP's were started when the kids were babies and we have never stopped putting 50/50 monthly contributions into them, even after divorce (9 years ago).

Our proportionate split is 77/23, because she runs a home daycare and once her BS deductions are removed, I ended up having to impute a $28,000 salary on her as she was trying to pay CS based on $9000 a year.
The above concern could mean a huge hit financially for me .
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  #18  
Old 06-14-2019, 10:26 AM
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No the RESP comes off the total of the parents portion. Period. There is no language I can find but this was told to us by my husband’s lawyer. The ex in his case is trying to take it off the total expenses and its a hard no from the first judge they saw. But it is also in their agreement.

Tell her simply no it comes off the full parental amount as it is a joint account from marriage.

You are also subtracting the tax benefits too yes?
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  #19  
Old 06-14-2019, 10:40 AM
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Thanks Rockscan. I couldn't find any verbiage either for joint RESP's with the exception of it coming off the top of parents portion.

Subtracting Tax benefits? Probably not. The child that is getting ready to go to College this fall is living with me. I guess I am allowed to apply for tax credits? Guess I should look into this.
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  #20  
Old 06-14-2019, 11:21 AM
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Yes if they are living with you then you should be able to claim them.

Hopefully kid applied for every grant and subsidy as possible. And that they are paying a portion of the expenses too!
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