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  • Post secondary question

    I have searched the forum and found tons of threads on how these costs get split.

    I am a little unclear on one aspect. Does the RESP's that both the Ex and I have been contributing 50/50 too both pre and post marriage, get removed from our 2/3's balance before we split it by income or afterwards?


    Some post say before some dont mention it at all.

  • #2
    My partner is going through this. First, you should have stopped contributing to the joint RESP after you married but too late now if you didn’t. If you did and you opened your own RESP then great.

    The money in the joint RESP would come off your joint share before splitting it. If you have your own RESP opened after the divorce, you can use that for your share.

    To make it clearer:

    Costs are $9000. Kid takes 1/3 share. Remaining $6000 split between you and ex. You have a joint RESP and use $3000. The remaining $3000 is split as net cost proportionate to income.

    In my partners case, the ex is arguing that she doesn’t claim the tax benefits so they should not come off. The judge said flat out that the divorcemate calculations are the correct ones for the court. His ex is also claiming the kids have a right to every penny in his RESP he opened. The judge said no.

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    • #3
      Thanks Rockscan. Always appreciated!


      Yes, we just continued with the RESP contribution 50/50 every month after divorce.

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      • #4
        Originally posted by cashcow4ex View Post
        Thanks Rockscan. Always appreciated!


        Yes, we just continued with the RESP contribution 50/50 every month after divorce.

        My ex and I do as well as it made sense from the government benefit, and trying to maximize that. The RESP is in my daughters name, and I have paid by cheque marked RESP from day one. I doubt my ex would pull a stunt with it, but I have prepared for her to try by making sure every cheque is noted accordingly.

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        • #5
          Same here. Cheques every month from me!



          Speaking of cheques, did y'all see that guy who was paying ridiculous sums of SS to a bitter ex. He went and had personal cheques printed up with pictures of him and his hot younger bride on them to write his SS cheques with every month. The bonus was each cheque had a different picture of him and his new bride all happy along with a written caption saying stuff like "happier than ever" and "worth every penny"


          Amazing!

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          • #6
            Originally posted by cashcow4ex View Post
            Same here. Cheques every month from me!

            Speaking of cheques, did y'all see that guy who was paying ridiculous sums of SS to a bitter ex. He went and had personal cheques printed up with pictures of him and his hot younger bride on them to write his SS cheques with every month. The bonus was each cheque had a different picture of him and his new bride all happy along with a written caption saying stuff like "happier than ever" and "worth every penny"

            Amazing!

            I hadn't heard of that one. Awesome!

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            • #7
              Originally posted by rockscan View Post
              Costs are $9000. Kid takes 1/3 share. Remaining $6000 split between you and ex. You have a joint RESP and use $3000. The remaining $3000 is split as net cost proportionate to income.
              How about scholarships? Are they considered the child's contribution? (my thinking is yes as they are earned by the child but who knows...)

              Youngest is working out his options and he has been offered different academic scholarships from each of his choices. The program he is leaning towards has a one-year scholarship that will cover a part of his tuition with the opportunity to continue based on marks annually.

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              • #8
                Scholarships would go to kids portion but prepare for an argument about it. My partner’s case is now about what is a reasonable contribution from the kid and how will they pay it. The judge outlined a few factors like decision to go away, what they did during the summer and what the family income is.

                I would suggest you work out the numbers twice—one with the scholarship off the top and one with it off kids share.

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                • #9
                  Yes - we're definitely talking through different scenerios with the numbers. I'll start a new thread for opinions so I don't highjack this one.

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                  • #10
                    Originally posted by momof2teenboys View Post
                    Yes - we're definitely talking through different scenerios with the numbers. I'll start a new thread for opinions so I don't highjack this one.


                    I wrote a sticky on it based on my legal research and experience. You may want to look at that first. Its in the financial issues thread as 1/3 something.

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                    • #11
                      Jumping in in this thread to ask if anyone has argued that the Ontario 30% tuition grant be considered as a deduction from the total tuition cost prior to splitting between both parents and child accordingly? It’s a free grant that is not paid back and all you have to do is apply and meet the criteria for income, etc. Should the onus be on the primary parent to assist or encourage the child to apply for it?

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                      • #12
                        Kids are supposed to apply for all available grants, subsidies and scholarships. The OSAP grant comes of the price of tuition BEFORE it is split. That amount is then split three ways.

                        This is how my partners lawyer has calculated it and the motion judge agreed.

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                        • #13
                          So what should happen if the child doesn’t apply for it and the other parent provides tuition receipts. Do you just pay your portion of the total or do you deduct what the Ontario grant estimator says the child would have received had they applied?

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                          • #14
                            You could try. Im not sure if it would work though. But it doesn’t help the child or the ex as the grant would save them money too.

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                            • #15
                              Does anyone know or have an official link that states "joint RESP's" are to deducted before the proportionate salary split?

                              Comment

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