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

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  #1  
Old 08-10-2018, 02:59 PM
v3ktors v3ktors is offline
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Default Test of reasonableness for post-secondary contributions

My wife is currently in the court process with her ex regarding retroactive as well as prospective support (both cs and s7 contributions). About ten years ago, when she and her ex separated, they entered into a memorandum of understanding where he stated that he would contribute towards post-secondary expenses. Around the same time, or slightly after, my wife and I began contributing to a new RESP for her son. Her ex is now arguing that he cannot afford both cs and the s7 expenses we are requesting (including prospective post-secondary expenses). His income is considerable ($87K), but he failed to contribute towards his own RESP for his son. When a judge looks at the reasonableness of an extraordinary or special expense, is there typically any consideration for someone's actions or inactions that put them into the position that they currently find themselves? I guess more simply, what I'm asking is will a judge take pity on someone because they are now faced with a much larger fee for post-secondary expenses when they could have been putting away $100/month ten years ago and would be in a much better position to contribute?
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Old 08-10-2018, 03:32 PM
rockscan rockscan is offline
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If the child is living at home the only costs he has are tuition and books. (Fees are included in tuition). Once you take off any grants and awards plus the childs one third and the tax benefit, his portion wont be astronomical.

If the child goes away then cs is reduced to four months of the year.

A judge won’t take pity on him when it comes to his share of school. Let him worry about it. If he says anything your wifes response is simply “you are responsible for a share of the school expenses”. And leave it at that.
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Old 08-10-2018, 04:06 PM
v3ktors v3ktors is offline
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Thanks rockscan. In our case, he is away at school. We are only looking for what is fair, so we haven't asked for more than cs for four months of the year, her son is contributing 1/3 of his total post-secondary expenses, and we have asked the remaining 2/3 to be contributed proportionally to incomes. In the end, our calculations show that his monthly contribution should be around $470. Personally, I think that amount is quite reasonable given his income, and would be much improved if he had only had a little forethought and put a small amount of money away per month in an RESP ten years ago...its not like this expense is coming as a surprise.
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Old 08-10-2018, 04:18 PM
rockscan rockscan is offline
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Thats not a lot at all. If he wants to push it to court, he would be on the hook for legal fees as well!
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