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Brampton33 · #61 09-22-2021, 11:27 AM

Quote:

Originally Posted by rockscan

The judge in that case held that both parents would benefit from the funds so they were to be applied to the cost first.

My ex is claiming that because her parents opened the fund, SHE could use it as her contributions.

It would seem to me that the most appropriate option would be to consider the fund belonging to the child. So when we approach child about university, child can say that their share comes from grandparent's RESP.....and mom and dad must come up with their own 1/3 each.

There is zero chance that my ex would suggest that we could mutually benefit from her parent's RESP fund for our child. She will say it belongs to her, and I am on my own.

rockscan · #62 09-22-2021, 12:48 PM

Quote:

Originally Posted by roryb

Sorry, that is what I meant. As long as she is not living at home during the school year there is no support. If she returns for summer that's different for sure.
As far as Loans etc ... I have no idea, I asked and all that mother said is that they did not apply for any OSAP and "why would they?" "Why would we put our child in debt when its not necessary" is the response i got.
She did say that she got $1700 in bursaries which she told child to put towards books, but then later sent me a receipt for all the books expecting 50/50.

She could have taken the loans and put them into an account and earned interest on them. Not necessarily gone into debt.

I still stand by recommendation that you advise mother that you will not contribute to residence costs as kid chose to attend school away from home and you will split the tuition fees accordingly after the bursaries and tax deduction are applied to the total.

With that said, if you aren�t paying residence fees, you would be able to pay 50% of the tuition costs. You would more than likely be ordered to pay it anyway. The residence and personal expenses fees would go to debate with a judge providing a decision.

You could also go on the OSAP estimator site (google it) and enter the information and see what she would have gotten in grants if she had applied. If you get that information you can add it to the email outlining that child should have applied to all programs available especially since she chose to attend school away from home.

For example:

Dear ex, thank you for your update on these costs. As previously noted, I was not involved in the discussions and decisions related to (kid)�s school choice and don�t agree on the decision to attend school away from home or her failure to apply for all eligible grant and loan programs. OSAP provides significant grant funding and based on my initial review of the OSAP estimator, she would have been eligible for approximately $XXXX in non repayable grants for her costs.

Further, as it was (kid)�s decision to attend a program away from home, incurring an additional expense of $xxxxxx for residence and meal plan, I feel it is only fair she be responsible for these expenses.

Please provide me with proof of payment for tuition and I will forward my 50% share accordingly.

rockscan · #63 09-22-2021, 12:49 PM

Quote:

Originally Posted by Brampton33

There is zero chance that my ex would suggest that we could mutually benefit from her parent's RESP fund for our child. She will say it belongs to her, and I am on my own.

Then when the time comes you send her the case and any other relevant stuff and you tell her that if she doesnt agree she can file a motion to change.

Sent from my iPhone using Tapatalk

roryb · #64 09-22-2021, 02:03 PM

thanks again for all your help !! Much appreciated.

Blizzard · #65 10-01-2021, 09:07 AM

What if child has RESP from grandparents that is more than enough for all school expenses. Child has $75k resp and is in a lower cost university. Should the resp pay all school and books etc and just table cs be paid to parenthe lives with?

rockscan · #66 10-01-2021, 09:38 AM

Yes and the case law on it is this one:

https://www.canlii.org/en/on/oncj/do...&resultIndex=5

The principle is that both parents benefit from the RESP contributions so it goes to the expenses first and then anything else is split.

If the child lives at home it will be full table support. If they live away, expect to pay anywhere from 33% to 50% depending on circumstances.

Brampton33 · #67 12-20-2021, 10:52 AM

So its been established that its 1/3, 1/3 and 1/3 and that if grandparents or other extended family member fund an RESP for child.....that RESP is the child's and the child can use it to cover their share, whereby parents are still on hook for their respective thirds.

What happens if a parent tries to claim the RESP opened by their parents (and funded by their parents) as their own contribution?

rockscan · #68 12-20-2021, 11:41 AM

Then you have to go to court and cite the cases noted where the grandparents opened the account. I don�t believe anyone but parents can open an RESP and you would have to prove they did deposit into it.

Judges are becoming more savvy with this topic and you may be surprised at how it is dealt with.

This may be one of those �cross that bridge when you come to it� kind of situations. I highly recommend though that you open your own RESP and get the grant money. As my husband learned, the first to the deposit gets the annual grant portion. He got all the grant funds in his RESP and his ex got nothing in the one she opened.

ETA: kids are responsible for 1/3 the cost anyway and it is their responsibility to cover it. If someone in her family saves money for him (and her) so be it. In the end kid gets 1/3 of the cost and you pay your share of the remaining 2/3 net.

Brampton33 · #69 12-20-2021, 03:55 PM

Quote:

Originally Posted by rockscan

Then you have to go to court and cite the cases noted where the grandparents opened the account. I don�t believe anyone but parents can open an RESP and you would have to prove they did deposit into it.

My ex literally told me that her parents opened an RESP and will be depositing X dollars annually for X years. So I guess when the time comes, I will have to make her prove that the RESP grew because of her own contributions, as opposed to her parents?

Quote:

Originally Posted by rockscan

kids are responsible for 1/3 the cost anyway and it is their responsibility to cover it. In the end kid gets 1/3 of the cost and you pay your share of the remaining 2/3 net.

Exactly. So lets pretend that the cost is $100,000 and the grandparents RESP account amounts to $33,000. In accordance with what this thread has suggested, the child would have their $33,000 share covered by virtue of the grandparents RESP contributions; and us parents would be responsible for the remaining $66,000? That is fine by me, but I guarantee you that my ex will try to claim the grandparent's contributions as her own contribution.

rockscan · #70 12-20-2021, 04:13 PM

It really doesnt matter though. They can save whatever they want. At the end of the day 1/3 goes to the kid and the rest is split proportionate to income. Who cares how she gets her share, she can�t say she isn�t paying. She could borrow money from her parents, sell a kidney or win the lottery. The bottom line is she is responsible for a share.

The only way it would be an issue is if kids expenses were $100,000 and the RESP was used to pay the whole amount. Then again, that would be hard to prove. Your best bet is to ask for a copy of the grant funds received but note that grants are taxable income.

In the end, it�s good someone is thinking of the kids education. She can get whatever she wants from her parents, you don�t get a say in it. The only thing she can�t do is bill you for costs already covered by grants or scholarships.

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