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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 10-18-2016, 11:29 AM
freundschaft freundschaft is offline
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Default Section 7 Expenses/University Expenses % split

Hello,

In our divorce order it is stated:

a) Commencing Oct 1, 2013, on consent of the parties, the parties shall share extraordinary expenses related to the support of the children such that the Respondent shall be responsible for 70% of said expenses and the Applicant shall be responsible for 30% of those expenses.
e) The parties will share the university expenses, which include, tuition, fees, books, residence in proportion to their incomes, after application of RESP funds and contributions of the children.

We are both unrepresented and since more than a year in court trying to work out an agreement. Our 2 sons are moved out last year and both are taking engineering at different universities. My Ex continued to pay child support which I transferred to our sons for their living expenses. We do have to settle all the retroactive expenses and we are pretty close.

There is one issue we seem not to be able to resolve. In 2015 he had an income of $115,000 and I had an income of $21,974 what translates into a split of 84% for him and 16% for me. The 30% and 70% split derives from an income of $110.000 of his and an imputed income (motion from 2012) of $25,000 for me. My Ex refuses to use the actual incomes (which are fully disclosed) to calculate the split for paying the Section 7 Expenses (medical mostly) as well as the retroactive and future university expenses.

We had a motion this summer and the motion got turned from the judge into a settlement conference. The settlement conference was beginning of Oct and obviously issues were not settled.

Any advice where I can find more information. As you can read above in the extract, according to our divorce order the university expenses should be shared in proportion of our incomes?!?!

Thank you for any help
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Old 10-18-2016, 01:08 PM
rockscan rockscan is offline
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There is a pinned item in this forum that outlines a "standard" approach to university. Its a grey area though and open to interpretation.

Relevant costs are tuition, fees, books, living expenses and costs like equipment/uniforms/lab fees etc. You would take the costs the kids have incurred as the total. From there you subtract things like the resp, tuition grants like the 30% off tuition through OSAP and any other scholarships and awards. You then split that three ways to determine kids' portion. From the 2/3 portion you will need to determine the tax benefit. Subtract that cost. The remaining total is then calculated according to the percentage. That % is based on updated income info that should be obtained each year.

Does this help?
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Old 10-18-2016, 02:04 PM
freundschaft freundschaft is offline
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Thank you for the fast and helpful answer.

My only problem is that my Ex insists on the 30% / 70% split which was agreed to in our divorce order from 2013. Our income is fully disclosed for 2014 and 2015. I just ask him to use the real income numbers for 2015 (2015: $115,000 and for me $21,974) what changes the proportional split actually to 84% and 16%.
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Old 10-18-2016, 02:18 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by freundschaft View Post
Thank you for the fast and helpful answer.

My only problem is that my Ex insists on the 30% / 70% split which was agreed to in our divorce order from 2013. Our income is fully disclosed for 2014 and 2015. I just ask him to use the real income numbers for 2015 (2015: $115,000 and for me $21,974) what changes the proportional split actually to 84% and 16%.
Your income was imputed and the agreement was signed. You won't be successful on the change because it is not material. You should be earning 25,000 or more a year.
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Old 10-18-2016, 02:25 PM
dinkyface dinkyface is offline
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My recent experience at a motion to change from 50-50 (previously agreed on consent) to 2-98 (ahem, she has undeclared support) supports what Tayken said. A material change beyond income changes is required.
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Old 10-18-2016, 04:41 PM
stripes stripes is offline
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My understanding is that an imputed income acts as a "floor" for future income calculations - in other words, if your income was imputed at $25K, you can't base cost-sharing ratios on an income of less than $25K because that was determined to be your minimum financial contribution to the needs of the child.
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