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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11  
Old 06-11-2018, 04:11 PM
Lrob Lrob is offline
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We are currently waiting for our lawyer to make a proper Offer. We were furious with him when he sent the offer for my husband to review. In a nutshell, step son received $13,590 in scholarships, grants, bursaries and also 7,140 in an OSAP loan, for a total of $20,730 in funding. His tuition, residence, meal plan and books apparently came to a total of $19,480. The mother is also listing in her expenses brief, travel, entertainment , credit card amounts and her e-transfers and his entertainment money. If we took absolutely everything, except the 125/month cell phone bill, it comes to a total of approx. $26,000.
Here we are expecting that my husband's offer will be for the over payment of support (if it is determined that he shouldn't be paying full support while his son is living away) and that we would share the expenses 3 ways for what was not covered by "free funding" proportionately according to income. No, we were shocked for the lawyer we are paying for the last 8 months to tell us that my husbands share is $7,800 for 2017-2018 school year!! He says of course that is if we assume the child is paying 50% of the total cost of university.
No, we don't assume the child is doing that, we expect the free funding that he doesn't have to pay back to go towards the expenses, then whatever is left is split. How could he come up with that kind of number when the total out of pocket expenses were less than 10,000? Why would our lawyer think my husband should have to pay the entire OSAP loan plus more, meanwhile the mother and son would only have to pay from their incomes half of the remaining 485 bucks each? Is he out to lunch? My husbands income is approx. 56,000. Plus he still has his daughter to pay support for.
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  #12  
Old 06-11-2018, 04:26 PM
rockscan rockscan is offline
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Thats odd. What did the lawyer consider as expenses?

The bursaries, grants and scholarships should come off the top with the remainder of tuition, residence and books split.

Were the scholarships and bursaries split over three years? For instance kid gets a $9000 scholarship but its actually $3000 per year?

He should be saving his loans in an account and not use that to be paid back.

Something is not right.
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  #13  
Old 06-11-2018, 05:17 PM
kate331 kate331 is offline
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How much is your lawyer charging you to figure this all out? You may be better off self repping and doing it yourselves.
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  #14  
Old 06-11-2018, 07:24 PM
Lrob Lrob is offline
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No, it sure isn't. After we replied that he must have done something wrong to get that figure and told him that dad paying 95.3% of the out of pocket expenses was unfair if it is true, the lawyer said he'd take a look at what we suggested and get back to us. We suggested adding the total of the tuition, residence, meal plan, books, reasonable travel and entertainment, take off the non repayable funding and split anything out of pocket including the loan three ways according to income.
He had in the case conference brief that the mother was to eimburse the father for the overpayment in child support, but now he says he isn't including that in the offer since my husbands share of the above expenses would be the 7,800.
If the mother has been getting Table amount of support since September and doesn't have to pay that back, why would she accept an offer? She's laughing. The child support would drop about 270 a month. If she doesn't agree to the offer it could be another 9 months to get through a settlement conference and a trial. She would keep getting full support instead of getting it reduced.
So, he received a 1,500 entrance bursary for that year, he received a renewable entrance scholarship of 12,000, given as 3,000 per year, he had a scholarship from high school for last year of 600. He was given 8,100 in a grant, and the OSAP loan of 7,140.
Katie, when we do this all over again 15 months from now when my step daughter goes to University, we will definitely self rep.
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  #15  
Old 06-11-2018, 08:14 PM
rockscan rockscan is offline
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You need to take the receipts you do have for tuition, residence, meal plan and books. Subtract the grants and bursaries etc and then figure out your husbands portion. Forget the entertainment travel and other shit. The cs he paid can go to that.

In his offer, he can throw out say $3000 for the kids loan annually.

A judge is going to look at it as school expenses are a lock. Extras are a maybe and anything else is up in the air.

You need a more aggressive lawyer. If you think he and the ex can settle at a case conference then the offer makes little impact.
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  #16  
Old 06-11-2018, 08:26 PM
Lrob Lrob is offline
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No, the case conference was in April. They can't agree. She wants full table support, before he went to a lawyer, he emailed her and said he thinks a fair solution since she isn't feeding the son etc would be for him to take the amount for the 2 kids, minus the Table amount for ne child, and go in the middle while the son is away, the full child support during the 4 summer months. She flat out declined and said I get full support. After 9 months, here we are waiting for our lawyer to pull his head out and figure things out properly so the offer can be sent along with some settlement conference dates if she chooses to decline the offer. So frustrating. Last we heard, the lawyer said he lull reword the offer and get back to us. That was last Thursday.
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  #17  
Old 06-11-2018, 08:44 PM
kate331 kate331 is offline
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Would you not be better off with a Motion? The child could be graduated by the time the lawyers and court figure it out.
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  #18  
Old 06-11-2018, 09:38 PM
Lrob Lrob is offline
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We thought the lawyer told us in the beginning, that he would ask for a motion at the case conference. Then he said he couldn't. We posed that question to him lat week. While she is getting full support and knows they aren't going with reimbursement as he had put in the case conference brief, a motion is all that might make her think she'd better be fair. I hope he finally gets back to us tomorrow.
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  #19  
Old 06-11-2018, 09:51 PM
rockscan rockscan is offline
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You may need to fire the lawyer. This guy sounds like an idiot.
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  #20  
Old 06-11-2018, 10:14 PM
kate331 kate331 is offline
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I think you need to get a better grip on your lawyer, remember he acts for you. Sounds to me like he is trying to cash in too
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