Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Reference

Reference Important threads

Reply
 
Thread Tools
  #41  
Old 05-26-2021, 02:24 PM
LovingDad1234 LovingDad1234 is offline
Senior Member
 
Join Date: Aug 2019
Posts: 309
LovingDad1234 is on a distinguished road
Default

Thanks for sharing this info
Reply With Quote
  #42  
Old 09-12-2021, 05:28 AM
Nadia Nadia is offline
Senior Member
 
Join Date: Feb 2010
Posts: 702
Nadia is on a distinguished road
Default

In regards to commencing court action for contribution towards post secondary expenses from a reluctant parent, is it best to wait after the costs have incurred? Or should one commence action as soon as one has some idea of the cost? Daughter is in Grade 12 now and we have started looking at tuition costs etc. We have an approximate idea of how much it will cost. Can one commence the court application now? Especially in light of the fact that court process can be lengthy.

I’ve already reached out to the other parent several times asking him how he would like to approach post secondary expenses. As in what contribution he is willing to make if any, and have not heard anything from him. Was really hoping to avoid going to court.

Last edited by Nadia; 09-12-2021 at 05:30 AM.
Reply With Quote
  #43  
Old 09-12-2021, 11:30 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,221
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

You can file a motion to change the existing agreement for post secondary. I would wait until kid has actually been accepted and you know what the costs are. If you and kid can afford to pay up front costs and then file that way, it would also help. Otherwise you would need an order specifically outlining what is owed.
Reply With Quote
  #44  
Old 09-21-2021, 06:44 PM
roryb roryb is offline
Junior Member
 
Join Date: Sep 2021
Posts: 9
roryb is on a distinguished road
Default

I have a daughter who decided to go to university this year and it’s 6 hours from home. My ex and I were never married and really have never seen eye to eye on anything. No contact unless she needs something from me.
So we knew this day was coming and here it is.
We have a separation agreement that stated we both pay 50/50 for our daughters schooling. Neither my ex or daughter told me the school plans until August 20th. And the financials were not shared with me until last week.
Turns out no student loans, scholarships etc etc. My ex just expects it to be split with no contribution from our daughter.
I did speak to my lawyer who said the 1/3 1/3 1/3 rule. Also stated that our child should have some responsibilities as well.
When I suggested this to my ex she flipped out.
I know I make a lot more than my ex, so question is ... should I be happy with this 50/50 offer or press further?
I don’t find it fair that I was not advised of things sooner or given any input into any of it.
Reply With Quote
  #45  
Old 09-21-2021, 06:51 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,221
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

Is it a program kid could have taken closer to home? If yes then your daughter has a MAJOR responsibility to contribute to the costs. Why were there no applications to grant programs or loans? Does your daughter work? Is your income over 150g per year.

The court looks at it as shared three ways or shared as 1/3 to child and the remainder split proportionate to income. Your ex and child cant just make a decision (especially one with increased costs to go away) and then expect you to pay all of it. Not to mention that only certain expenses are deemed eligible.

I suggest you respond and tell your ex that you allocate 1/3 the expenses to your child and you will provide your proportionate share of the remaining costs and list out that amount. If she does not agree to this you can suggest mediation or let her file in court to get the money. You can easily self rep on this case.
Reply With Quote
  #46  
Old 09-21-2021, 07:42 PM
roryb roryb is offline
Junior Member
 
Join Date: Sep 2021
Posts: 9
roryb is on a distinguished road
Default

Quote:
Originally Posted by rockscan View Post
Is it a program kid could have taken closer to home? If yes then your daughter has a MAJOR responsibility to contribute to the costs. Why were there no applications to grant programs or loans? Does your daughter work? Is your income over 150g per year.

The court looks at it as shared three ways or shared as 1/3 to child and the remainder split proportionate to income. Your ex and child can�t just make a decision (especially one with increased costs to go away) and then expect you to pay all of it. Not to mention that only certain expenses are deemed eligible.

I suggest you respond and tell your ex that you allocate 1/3 the expenses to your child and you will provide your proportionate share of the remaining costs and list out that amount. If she does not agree to this you can suggest mediation or let her file in court to get the money. You can easily self rep on this case.
Thanks for such a speedy reply. Appreciate it.
Yes, it’s a program that could have been taken within an hour from home but she chose to do it 6 hours away. I can only guess that maybe a friend was attending that same school and that helped make the decision. It’s a 4 1/2 year university program. Which is great for her and I’m happy about, but I’m not a bank.
I do not make near 150k. But I’m sure I make at least 50k more than mother.
My father had passed away 6 years ago and some believe I inherited a large sum, which is not exactly the case. So my ex thinks I should pay 50% of the total school cost. As per our SA. But our agreement also stated reasonable notice and that I be included in some of these discussions.
I don’t want to go to court over it but at the same time I don’t want to be walked over with this. I advised my ex that we each split it 1/3 but she laughed and so no, I pay 50%.
Reply With Quote
  #47  
Old 09-21-2021, 08:03 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,221
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

Quote:
Originally Posted by roryb View Post
Thanks for such a speedy reply. Appreciate it.
Yes, its a program that could have been taken within an hour from home but she chose to do it 6 hours away. I can only guess that maybe a friend was attending that same school and that helped make the decision. Its a 4 1/2 year university program. Which is great for her and Im happy about, but Im not a bank.
I do not make near 150k. But Im sure I make at least 50k more than mother.
My father had passed away 6 years ago and some believe I inherited a large sum, which is not exactly the case. So my ex thinks I should pay 50% of the total school cost. As per our SA. But our agreement also stated reasonable notice and that I be included in some of these discussions.
I dont want to go to court over it but at the same time I dont want to be walked over with this. I advised my ex that we each split it 1/3 but she laughed and so no, I pay 50%.

Does your agreement not say anything about the childs contribution? Or is it a section is split 50/50 kind of thing?

I asked about the income as many who make over 150g get stuck with a difficult fight.

Being included means nothing regardless of what your agreement says. Your ex may get her knuckles wrapped for not including you but its not a deal breaker as far as the court is concerned.

You didnt answer my question about whether kid had a job and earned money. She is obligated to contribute. Especially since she decided to go away which means an additional $12,000 (at least) in expenses.

I would remind her that the agreement ALSO SAYS that the decision would include you AND expenses discussed prior to incurring them. Not to mention the program is offered closer to home with a reduced costs. Make her an offer to pay either 50% of the school expenses with kid paying residence and travel costs. Otherwise you will pay your proportionate share of 2/3 the cost as she decided to go against the agreement.
Reply With Quote
  #48  
Old 09-21-2021, 08:44 PM
roryb roryb is offline
Junior Member
 
Join Date: Sep 2021
Posts: 9
roryb is on a distinguished road
Default

Quote:
Originally Posted by rockscan View Post
Does your agreement not say anything about the child�s contribution? Or is it a section is split 50/50 kind of thing?

I asked about the income as many who make over 150g get stuck with a difficult fight.

Being included means nothing regardless of what your agreement says. Your ex may get her knuckles wrapped for not including you but it�s not a deal breaker as far as the court is concerned.

You didn�t answer my question about whether kid had a job and earned money. She is obligated to contribute. Especially since she decided to go away which means an additional $12,000 (at least) in expenses.

I would remind her that the agreement ALSO SAYS that the decision would include you AND expenses discussed prior to incurring them. Not to mention the program is offered closer to home with a reduced costs. Make her an offer to pay either 50% of the school expenses with kid paying residence and travel costs. Otherwise you will pay your proportionate share of 2/3 the cost as she decided to go against the agreement.
Sorry, forgot to answer that. She did have a part time job while living at home with her mother but I understand her hours were cut down to almost nothing due to Covid and being a part time employee, so her company cut all the part timers.

Our separation agreement had a section that each parent pays 50/50 and nothing in it about kid contribution.

Residence costs for the year are $15,000
With tuition coming in at $6000

When I told her that 1/3 is a thing she laughed and denied that. her lawyer then sent me a text message this morning saying he’s never heard of 1-3 rule and that I’d take the 50/50 if I were you or it could cost me more in the end. I was surprised that he text me as it doesn’t seem all that professional, but he claimed he’s trying to save us some financial hardships and end this before it goes further.
Reply With Quote
  #49  
Old 09-22-2021, 07:03 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,221
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

What exactly does your agreement say about post secondary?
Reply With Quote
  #50  
Old 09-22-2021, 08:23 AM
roryb roryb is offline
Junior Member
 
Join Date: Sep 2021
Posts: 9
roryb is on a distinguished road
Default

It says ... “future special or extraordinary expenses may include post secondary education. Father will pay 50% of these future expenses as they arise”
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Collecting Post Secondary Section 7 from EX caringdad Financial Issues 3 03-17-2011 05:24 PM
Post Secondary Expenses much1226 Financial Issues 7 01-14-2010 01:39 AM
Paying for Post secondary education SecondWife Financial Issues 16 10-02-2009 09:27 PM
Post Secondary Support Classic Divorce & Family Law 21 08-08-2009 10:02 PM
Post Secondary Education GGG Divorce & Family Law 2 11-08-2006 01:41 PM


All times are GMT -4. The time now is 06:34 AM.