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  #31  
Old 01-31-2017, 06:01 PM
Star7ontario Star7ontario is offline
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Quote:
Originally Posted by rockscan View Post
Youre probably getting better grades the second time though! Thats what I found!

Residence is only applicable if its necessary. You wont find case law on that specifically. The only law I found was the Lewi v Lewi case where kid could have stayed home but didnt and he was on the hook for a higher share of costs. For you, if residence is much more expensive than usual then its pretty easy to say no. If kid really wants to do it he will need to find the money.

Im not a lawyer though but you have to ask yourself if its worth at least $5000 in legal fees to fight it. Judges use the Lewi case for kids share of costs....


I've looked for this case and I don't see it. If you can provide the date. I see three for this name combo but none say anyone was on the hook for more. When you have time! Thank you!


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  #32  
Old 01-31-2017, 08:47 PM
rockscan rockscan is offline
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Heres the case: http://www.canlii.org/en/on/onca/doc...&resultIndex=6

If you also do a search of post secondary in your province you will get an idea of what is paid.
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  #33  
Old 01-31-2017, 08:56 PM
Star7ontario Star7ontario is offline
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Originally Posted by rockscan View Post
Heres the case: http://www.canlii.org/en/on/onca/doc...&resultIndex=6

If you also do a search of post secondary in your province you will get an idea of what is paid.


Thank you!


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  #34  
Old 04-12-2021, 12:53 PM
Alpinist Alpinist is offline
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Question, if the child is living with the parent(s) while attending a postsecondary school for studies, is it still 1/3, 1/3, 1/3? Or does this change because there is now child support and less fees (residence, etc). Would it be just child support and treat the fees as Section 7? Sorry i am just confused on how this works.
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  #35  
Old 04-12-2021, 12:59 PM
rockscan rockscan is offline
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There is no residence fee but you still split the school costs (tuition, books, equipment and relevant transportation fees) 1/3 to each.

Technically it is proportionate to income if you have differing incomes that arent close to 50/50. For instance one parent makes 100 grand and one makes 20 grand. Then its 1/3 to the child and the remaining 1/2 split proportionate to income.

You also subtract any OSAP grants provided before splitting it and you share the net cost (less tax deductions).


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  #36  
Old 04-12-2021, 01:22 PM
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Great - that is very helpful, thank you!
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  #37  
Old 05-24-2021, 01:37 PM
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My partner is working through postsecondary wording as well right now. His ex has made $20,000 per year for 3 out of the past 4 years. She seems to bounce around job wise and avoid working. She just proposed a post secondary clause in their SA where the kids income/bursaries etc is deducted first and the remainder is split "according to income". I think that ordinarily that is a good idea... But what about the instance where you know one payor is making hardly any wage? I know there is no way to force her to work but she will be essentially contributing nothing toward their education then?
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  #38  
Old 05-24-2021, 02:08 PM
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There are other factors too. Depending on the province, some offer additional grants to kids from low income families so if kid is using moms income, the amount could be higher which comes off the top. For instance, kid gets $5000 in grants which is subtracted from $12,000 in expenses.

There is nothing you can do to force her to work. You could try to have an income imputed driving the cost down but that would require a costly fight.

I suggest opening an RESP if possibly and putting as much money in it as you can. That way you get the government grant funds which add to your portion paid.
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  #39  
Old 05-25-2021, 01:53 PM
Brampton33 Brampton33 is offline
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This thread is really helpful. Is it well-known knowledge that any RESPs opened by extended family "belongs" to child(ren)? My ex is of the opinion that the RESP opened by her family members is "her" contribution for when the time comes. I anticipate significant pushback....so is there anywhere in law I can point to? Or case law?
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  #40  
Old 05-25-2021, 03:16 PM
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Quote:
Originally Posted by Brampton33 View Post
This thread is really helpful. Is it well-known knowledge that any RESPs opened by extended family "belongs" to child(ren)? My ex is of the opinion that the RESP opened by her family members is "her" contribution for when the time comes. I anticipate significant pushback....so is there anywhere in law I can point to? Or case law?

Theres no caselaw. I searched, my husbands lawyer searched and another poster who is in court searched. The problem is that most cases that involve an RESP get settled before trial.

Definitely open your own and get your deposits in immediately at the beginning of the year. If you both have an RESP, the first past the post gets the grant funds for the year. That money becomes the property of person who deposited it first.

Technically though, if your ex opened an RESP after separation and family put money in, she could argue it doesnt come off the top as it is her account it just doesnt matter who put it in. The caveat is that is she used the whole amount to fund the costs then there are no out of pocket expenses to be shared.


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