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  #61  
Old 09-22-2021, 11:27 AM
Brampton33 Brampton33 is online now
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Quote:
Originally Posted by rockscan View Post
The judge in that case held that both parents would benefit from the funds so they were to be applied to the cost first.
My ex is claiming that because her parents opened the fund, SHE could use it as her contributions.

It would seem to me that the most appropriate option would be to consider the fund belonging to the child. So when we approach child about university, child can say that their share comes from grandparent's RESP.....and mom and dad must come up with their own 1/3 each.

There is zero chance that my ex would suggest that we could mutually benefit from her parent's RESP fund for our child. She will say it belongs to her, and I am on my own.
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  #62  
Old 09-22-2021, 12:48 PM
rockscan rockscan is offline
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Originally Posted by roryb View Post
Sorry, that is what I meant. As long as she is not living at home during the school year there is no support. If she returns for summer that's different for sure.
As far as Loans etc ... I have no idea, I asked and all that mother said is that they did not apply for any OSAP and "why would they?" "Why would we put our child in debt when its not necessary" is the response i got.
She did say that she got $1700 in bursaries which she told child to put towards books, but then later sent me a receipt for all the books expecting 50/50.

She could have taken the loans and put them into an account and earned interest on them. Not necessarily gone into debt.

I still stand by recommendation that you advise mother that you will not contribute to residence costs as kid chose to attend school away from home and you will split the tuition fees accordingly after the bursaries and tax deduction are applied to the total.

With that said, if you arent paying residence fees, you would be able to pay 50% of the tuition costs. You would more than likely be ordered to pay it anyway. The residence and personal expenses fees would go to debate with a judge providing a decision.

You could also go on the OSAP estimator site (google it) and enter the information and see what she would have gotten in grants if she had applied. If you get that information you can add it to the email outlining that child should have applied to all programs available especially since she chose to attend school away from home.

For example:

Dear ex, thank you for your update on these costs. As previously noted, I was not involved in the discussions and decisions related to (kid)s school choice and dont agree on the decision to attend school away from home or her failure to apply for all eligible grant and loan programs. OSAP provides significant grant funding and based on my initial review of the OSAP estimator, she would have been eligible for approximately $XXXX in non repayable grants for her costs.

Further, as it was (kid)s decision to attend a program away from home, incurring an additional expense of $xxxxxx for residence and meal plan, I feel it is only fair she be responsible for these expenses.

Please provide me with proof of payment for tuition and I will forward my 50% share accordingly.
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  #63  
Old 09-22-2021, 12:49 PM
rockscan rockscan is offline
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Quote:
Originally Posted by Brampton33 View Post
There is zero chance that my ex would suggest that we could mutually benefit from her parent's RESP fund for our child. She will say it belongs to her, and I am on my own.
Then when the time comes you send her the case and any other relevant stuff and you tell her that if she doesnt agree she can file a motion to change.


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  #64  
Old 09-22-2021, 02:03 PM
roryb roryb is offline
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thanks again for all your help !! Much appreciated.
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  #65  
Old 10-01-2021, 09:07 AM
Blizzard Blizzard is offline
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Default Another resp question.

What if child has RESP from grandparents that is more than enough for all school expenses. Child has $75k resp and is in a lower cost university. Should the resp pay all school and books etc and just table cs be paid to parenthe lives with?
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  #66  
Old 10-01-2021, 09:38 AM
rockscan rockscan is offline
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Yes and the case law on it is this one:

https://www.canlii.org/en/on/oncj/do...&resultIndex=5

The principle is that both parents benefit from the RESP contributions so it goes to the expenses first and then anything else is split.

If the child lives at home it will be full table support. If they live away, expect to pay anywhere from 33% to 50% depending on circumstances.
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