We had a consentual order that stipulated 1) That child support would not vary for 5 years to offset joint debt and 2) that we would terminate child support and monies would be re-directed to the child's RESP.
The ex argued that we should have varied the amount of child support regardless of the agreement, and argued that she was coerced into a consent order to redirect child support and that we should ignore what she negotiated as a result. This was all done with ILA BTW. The judge saw that there was clearly no coersion, which there truely wasn't to begin with.
In our joint RESP, it is a dual signature therefore neither party can withdraw money without consent of the order.
As well, the child remains as the beneficiary of the RESP. You are correct that it is a bit gray should the child not attend any post secondary education, but the order seems clear that thei money if for the child regardless (which was the agreement in the first place).
The ex argued that we should have varied the amount of child support regardless of the agreement, and argued that she was coerced into a consent order to redirect child support and that we should ignore what she negotiated as a result. This was all done with ILA BTW. The judge saw that there was clearly no coersion, which there truely wasn't to begin with.
In our joint RESP, it is a dual signature therefore neither party can withdraw money without consent of the order.
As well, the child remains as the beneficiary of the RESP. You are correct that it is a bit gray should the child not attend any post secondary education, but the order seems clear that thei money if for the child regardless (which was the agreement in the first place).
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