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Need to get SIN for child...RESP...Mom playing gatekeeper

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  • #46
    i haven't found one of those yet i'm looking ... but like in my case ... we split in 2001 ... divorced 2005 ... i started the RESP in 2006 and she told me that money is my son's money and its being considered part of his contribution not mine... i'm going to keep looking to see if i can find one that is similar to mine and if i can't find one at settlement i will 'argue/present" that in all other cases both parents had contributed or it was started before the parents split so yes it is "community" money but this one was started by myself. I will also argue and i told her that friday is that the reason why i started it is because from 2004 to 2009 he didnt pay any section 7 expenses and wasn't adjust his child support so when i got a job wtih the Fed Govt i got a nice raise so i was finally able to put money aside and instead of investing it for me as in an RRSP i put it towards education since by then it has been 2 years since he hadn't paid anything and i was preparing myself to provide some money to their education using this RESP. i also told her that back then my intentiosn were to have this money to help them but they were going to be expected to pay their way via jobs and loans/grants/bursaries.... maybe i'll become case law LOL but i'll let you know i'll be working on this at lunch time today

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    • #47
      if any of you want to look for anything and i mean anything you go here

      CanLII - Canadian Legal Information Institute

      in the text box you punch in what you are looking for so for RESP you punch in RESP and you have to read through the cases one by one....

      on the left side at the top you see "databases" you can select CAnada for Federal or by provinces and it will bring up different cases for you.

      i found so much information in there that helped me to self represent

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      • #48
        Hello.
        Sorry, been busy the last few days, so I (the original poster) have been unable to respond. :-)

        Yes, that was my intention:
        - to put away my contribution for my D's education, if she chooses that...and to have some growth help her out there, for her education. I would get that the grants and such, would not count as my contribution, but it seems a$$-backwards, that all the money I would contibute towards my D's education, would suddenly not count as my contribution if she goes to school, simply because I socked it away in a RESP for her?

        So if a parent, socks aways thousands of dollars for their kids education, they are expected to cough it up again?

        I'll have to read the case-law you posted, when I have a chance.

        I'll likely have to rethink this now then, as I simply wanted to sock away funds for her, and get her the government benefit as well, for the savings. I've been unable to do this yet anyway, as Mom still refuses to pass on the info to get D4 SIN #, and I'm still waiting on the government, in trying to get my own copy of the info.

        Thanks for giving us the heads-up on this.

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        • #49
          I read the case-law,
          CanLII - 2007 ONCJ 54 (CanLII)

          I don't see where one parent's RESP contributions were excluded as "their" contribution towards section 7 schooling expense. I see they lowered the "section 7 split" by first accounting for "RESP contributions, made by other family members" first. That would make sense to me.

          Am I missing something from the case-law posted?

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          • #50
            yah i've read a few cases now and scenario one they take the RESP and take it off hte top then the kid pays 1/3 of what is left then the parents share in porportion to income and scenario 2 hte RESP monies gets counted in as the kids 1/3 and the parents still pay in proportion on the 2/3. So in my case the judge said it would be my son's money to be counted as his contribution ... and me and the ex share in proportion the 2/3's .... so you would be in the same boat .... it sucks.... i am waiting to hear back from my State farm agent ref mine.. what is left of mine and to find out if once they turn 16 the government grant stops or its when they turn 17 once they are done being 16 ... cause a guy at work told me this morning it ends when they turn 17 when thney are done being 16 .. so i'll be torn if thats the case cause my daughter just turned 16 so i would have another year of the Govt contribution. THe same guy told me its 40% they give you on your contributions.

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            • #51
              the bottom line is basically when you invest money for your kids in RESP ... its not considered your personal contribution .. if they take if off the top your ex benefits from your investments .. if they count it as your childs contribution then only your child benefits what is important to knote when all the math is done what is left to pay after you deduct RESP money and Grants and bursaries ....YOU still have to pay in proportion to income with your ex on what is left to pay....

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              • #52
                Is the case you linked, your case?
                I just don't understand...from that case, they specifically referenced "contributions from other family members", being counted first, before figuring out the "split". That makes sense to me.

                There was no mention of "Mom contributed x dollars for RESP, but we are excluding that as her contribution, and making it child's instead."

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                • #53
                  This is a huge eye opener.

                  I was planning on doing the same.

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                  • #54
                    Just to link it here...
                    Registered Education Savings (RESP)

                    CRA's RESP info, which would speak to the rules for the RESP grants, when they stop, etc.

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                    • #55
                      no that is not my case .. in that case you read they somehow got RESP money from FAmily members so they took that off the top being before the 1/3 and 2/3 split occured. which to me makes sense as well if the RESP involved was contributed by both parents that i completely agree with because you both gave and you shoudl both benefit.

                      in my case no matter which way you toss it what i invested is not part of my proportion so i still have to pay even though i'm the one that invested lol

                      Just talked to my State Farm agent she is checking into the Grant thing if they get the grant until they are no longer 16 so the day before their 17th birthday or if it stops on their 16th birthday

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                      • #56
                        Cases where post-separation RESP contributions were deemed to be the contribution of the account holder:

                        CanLII - 2008 BCSC 1316 (CanLII)

                        CanLII - 2010 SKQB 397 (CanLII)

                        CanLII - 2010 SKQB 409 (CanLII)

                        CanLII - 2012 ONSC 6043 (CanLII)

                        CanLII - 2010 ONSC 4030 (CanLII)
                        Start a discussion, not a fire. Post with kindness.

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                        • #57
                          Thanks McDreamy.
                          Much appreciated. :-)

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                          • #58
                            mcdreamy what did you put in as text in your search criteria? i can use two of those! thank you so much .. i didn't get much reading at lunch time so i hadn't found those yet.

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                            • #59
                              Originally posted by dad2bandm View Post
                              Checked online status of my request for birth certificate.
                              Already says there is an issue with my application and correspondence has been sent to me...
                              I will bet somehow I'm not listed on birth certificate.
                              Got certificates in the mail today. So I have them.

                              As I suspected, the reason for the delay, was Mom did not list me as the father. So there is no father listed. Unbelievable.

                              How do I rectify this then? I have to wonder why she left me off the birth certificate info?

                              Comment


                              • #60
                                Originally posted by dad2bandm View Post
                                How do I rectify this then? I have to wonder why she left me off the birth certificate info?
                                If you are not listed as father, then she can pretend to authorities that father is unknown, e.g. can apply for passport without your knowledge.

                                You'll have to get her to request a change to the birth certificate.

                                Comment

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