Back on this forum after 5 years...ex filing motion again for court. Looking for advice/experience and caselaw regarding CS continuation once the children are at university and living AWAY from home. Both of my kids will be attending university this fall.
Currently have an amendment to my agreement that states I will receive CS for oldest daughter (full CS in summer months and 50% during the school year). Ex has been following this and paying for last 2 years. Youngest now set to attend University in Sept and ex wants to ONLY pay full summer months for her. Huh? As an aside...I am paying 50-50 section 7 university costs despite what should be 28-73 split. This is due to RESP funds which are considered the "child's" despite 100 percent allocation through my budget.
Questions:
1. Any precedent set for treating second child the same as the first?
2. Are RESP funds ever considered right of the parent not child and therefore allocated to income split?
3. Amendment is signed and witnessed but not court ordered. Ability to stand up in court?
Thank you!
Currently have an amendment to my agreement that states I will receive CS for oldest daughter (full CS in summer months and 50% during the school year). Ex has been following this and paying for last 2 years. Youngest now set to attend University in Sept and ex wants to ONLY pay full summer months for her. Huh? As an aside...I am paying 50-50 section 7 university costs despite what should be 28-73 split. This is due to RESP funds which are considered the "child's" despite 100 percent allocation through my budget.
Questions:
1. Any precedent set for treating second child the same as the first?
2. Are RESP funds ever considered right of the parent not child and therefore allocated to income split?
3. Amendment is signed and witnessed but not court ordered. Ability to stand up in court?
Thank you!
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