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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 09-22-2019, 05:49 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Default Post Secondary and OSAP

Happy Sunday all,

If OSAP covers the entire university tuition do the parents still have to split the costs 1/3, 1/3, 1/3? Or is the tuition split 3 ways (parent/parent/child) and the OSAP is put towards the child's 1/3 and the last 2/3 split according to parent's incomes and the parents pay out of their own pockets? Any assistance/experience would be great.
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Old 09-22-2019, 06:12 PM
tilt tilt is offline
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Post-secondary costs aren't just tuition, and the formula isn't codified because it falls under section 7. Most judge's rulings seem to be:

Total annual cost of actual cost of post secondary education tuition, residence or rent, transportation, computer, books, food or meal plan *minus* - any grants, scholarships, bursaries, joint marital RESP contributions, and tax credits
Equals the total TRUE cost.

True cost is then split with student expected to contribute around $2,500 from their own income (note, not ALL their income, and if they earn a LOT more they would contribute more). The student's contribution is then taken off the TRUE cost.

The remainder of the TRUE COST is then divided by the parents proportional to income, or 50/50 depending on agreement/income.

There are some other choices that Judges make, but generally the student is not expected to incur OSAP loans. Students are better off under separated/divorced parents than in an intact home.
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Old 09-22-2019, 06:24 PM
rockscan rockscan is offline
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Do a search on the forum. I had put together a lengthy post on post secondary calculating that became a stickie or thumbtack post.

You cannot apply all of the OSAP award to school as judges don’t want kids of divorce to have to go into debt for school. There have also been serious changes to OSAP and many kids are not getting enough to cover school costs.

Every case is different and there are a number of factors that are involved. At a motion last year the judge advised my husbands ex that it would not shock the court if 1/3 the costs of school went to the child. The child would then use their loans to make up the difference in earnings and costs.

Overall, school costs are tuition, books and equipment (this could be a computer but within reason—you can’t go buy a $5000 computer when a $2000 will suffice). If a child is attending school away from home costs would include residence and meal plan or rent and food. If they live at home, the costs for transportation will be weighed against necessity—kid can’t go out and get a new car when they are within public transportation distance and get a free bus pass in their tuition.

Again, all of this is case specific but the bottom line is, kids aren’t expected to use their entire student loan to pay for school. You can subtract the grants from the cost but the loan is not free reign to be taken off too.

You may want to look at Lewi v. Lewi. Dad tried to have their entire inheritance used and he contributed nothing. Judge ruled no and dad had to contribute.
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Old 09-22-2019, 06:28 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Thanks so much!

@Rockscan, I had seen that post you are talking about some time ago and for the life of me can't find it. Lol. I will keep looking.
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