post secondary eduacation and adult children

[Jennifer Ashby]

I keep reading about this 1/3 contribution by children towards there post secondary expenses. Where is this coming from? Is this law or case law and if its case law is it referenceing Lewi vs Lewi. Last time I spoke to a lawyer I mentioned Lewi vs Lewi and he did not know what I was talking about. If there is anyone out there from Toronto who can recommend a lawyer with experiance in this area that would be much appreciated.

I keep reading about this 1/3 contribution by children towards there post secondary expenses. Where is this coming from? Is this law or case law and if its case law is it referenceing Lewi vs Lewi. Last time I spoke to a lawyer I mentioned Lewi vs Lewi and he did not know what I was talking about. If there is anyone out there from Toronto who can recommend a lawyer with experiance in this area that would be much appreciated.

 

[sioux]

Hope this helps...

(c) Section 7 expenses for Bretlyne’s university studies

Applicable legislation
[92] The contribution that parents are required to make to theirchildren’s education costs is governed by s. 7 of the Guidelines:
Special or extraordinary expenses

7. (1)In a child support order the court may, on either spouse's request, provide for an amount to cover all or any portion of the following expenses, which expenses may be estimated, taking into account the necessity of the expense in relation to the child's best interests and the reasonableness of the expense in relation to the means of the spouses and those of the child and to the family's spending pattern prior to the separation:
,,,
(e) expenses for post-secondary education;
Sharing of expense
(2)The guiding principle in determining the amount of an expense referred to in subsection (1) is that the expense is shared by the spouses in proportion to their respective incomes after deducting from the expense, the contribution, if any, from the child.
(1.1) DEFINITION OF “EXTRAORDINARY EXPENSES” – For the purposes of paragraphs (1) (d) and (f), the term “extraordinary expenses” means
(a) expenses that exceed those that the spouse requesting an amount for the extraordinary expenses can reasonably cover, taking into account that spouse’s income and the amount that the spouse would receive under the applicable table …

CanLII - 2013 ONSC 1931 (CanLII)

Another Ontario case where a judge outlined the fact

[53] I have addressed Mr. DÒvidio`s position in my reasons concerning Anthony`s Post-secondary expenses. I agree that Andrea should be treated similarly to the other children and that it is not unreasonable that she pay one third of her own post-secondary expenses.

http://www.canlii.org/en/on/onsc/do...vbiBieSBjaGlsZHJlbiBwb3N0IHNlY29uZGFyeQAAAAAB

 

[sioux]

Additionally, recent cases from Ontario

(2) SHARING OF EXPENSE – The guiding principle in determining the amount of expense referred to in subsection (1) is that the expense is shared by the spouses in proportion to their respective incomes after deducting from the expense, the contribution, if any, from the child.

[40] As the oldest child, and in fact each child, must contribute to the post-secondary expenses, the Mother’s proposal that each parent and child be responsible for 1/3 of the post-secondary costs, is eminently reasonable, so long as the child attends a local community college/university. Having deducted the grant from the monies received by the daughter, both parents are responsible for the payment of $ 1526.06 to the oldest child. The Mother already having paid the daughter $1537.32, only the Father is responsible for his 1/3 share, namely, $1526.06 and which funds are to be collected as child support by FRO. As such, there is no need to allocate the responsibility between the parties and the child with regard to any current or future OSAP loans.

CanLII - 2013 ONSC 2890 (CanLII)

 

[MrToronto]

I see in all the above cases the ex had outstanding support issues unless I missed something regardless every case was a little different.

That's the problem there isn't a hard and fast Rule it's all debatable at 500 bucks an hour for a lawyer.

I know of custodial parents refusing to open RESP accounts or give the approval for an access parent to open one (need primary parents approval from REV CAN to open an account) or Trust Accounts just to ensure an Adult Child is broke along with not encouraging working part time and not applying for OASP loans.

Married Couples have a choice with adult kids. Unmarried ones don't.

The case law is all over the map with adult kids and it obviously varies from applying all those ways and means tests with vague wordy law.

Negotiate, try to come to your own agreements because once the matter hits the Court it won't be resolved until the 2nd year of adult child's post secondary and everybody knows first year kids tend to not like there courses and drop out...in the middle of the proceedings!

There's also no attention paid to who claims the adult child's tax credits and although Orders say to exchange school info it doesn't happen because 18 year old want (told too) keep there own privacy.

If your ex has a high income and the recipient is entitled to substantial sole CS maybe it's worth paying the lawyers bill for a "short term school agreement"

and a last note....Judges love sending these items to FRO and FRO doesn't return Over Support even when a new Order Terminating CS is sent (not there mandate) so be vary wary of adult kids going on to 2 or 3rd degrees. the clearest language possible has to be in Orders for the FRO to end CS without going back to Court