Often this topic is best suited for negotiation as who really does not want to support their kids in school-related issues. I mean come on, how does one really say to a Judge, "my client doesn't want to support his son/daughter in college or university because...well..." you get the point.
That being said, a recent case really provides a good overview on how to analyze the issue. It is cited to Westlaw at Albert v. Albert (2007), 2007 CarswellOnt 4863 (S.C.J.).
The case is in line with the recent Ontario Court of Appeal case of Lewi v. Lewi (2006), 267 D.L.R. (4th) 193 in that it is clear that the child's contribution to their own education must be looked at.
The Court in Albert sets out the following useful three part test:
Step 1: Whether the child is a child of the marriage, that is, whether there is an entitlement to support;
Step 2" Whether the table amount of support is "inappropriate"; and,
Step 3: If it is inappropriate, the court needs to determine an appropriate amount, taking into account the condition, means, needs and other circumstances of the child and the financial ability of each of the parents.
Another thorny issue is whether the parents must support their child beyond a first degree. This is topical because it appears that one degree or diploma just does not cut it in the work world. So Albert sets out the following factors:
(i) the financial circumstances of the family;
(ii) the child's educational and career plans;
(iii) the child's age;
(iv) the child's academic performance;
(v) the family's educational expectations;
(vi) the parents' involvement in the decision-making process; and,
(vi) the extent to which the program prepares the child to become financially independent
Following in the footsteps of Lewi the presiding Judge in Albert imputed one-half of the child's summer earnings as their contribution to their own education. It appears that there are no free rides for kids.
Another issue which Albert addressed was the expenses beyond the "pure" education expenses and those not covered by the table amount. Such expenses could include setting up the children's apartments, clothes, travel etc...
The following documentary information should be sought from the client when dealing with adult children who are in school:
- Make sure that the parent seeking reimbursement for non-direct school expenses keeps a detailed, and I mean detailed accounting of expenses, including, when it was incurred, whom it was incurred and the cost. Keep the receipts please!!
- School-related expenses must be accounted for and receipts are needed (i.e. tuition receipts, residency fees, and meal plans etc...).
- Report Cards.
- Curriculum.
- Children's RESP account statements.
- Children's T4s and Record of Employment slips.
- Children's Tax Returns.
- Children's Investment Statements.
- Children's interest in family trust and details of said trust.
5 comments:
Why is all the information always about the recipient how about the payer expecially the dads. I am simply wanting to know if I am entitled to receive confirmation on my daughters financial funding ie OSAP, bursaries ect. if her mother is looking for me to pay on receipts for post seconday education expenses, and before I send a cheque. My ex and I were told by the courts, but not ordered, to pay in perportion to our incomes what ever expenses the child could not cover. My daughter in going to school locally and receives monthly child support. P.S. I have no problems helping my kids.
Thanks for your question Robert. The short answer is "Yes" with regard to being entitled to receive information.
I give that answer with the caveat that it depends upon how your Order is worded as to information requests; but on the whole, it would be important to know information about OSAP, bursaries and the like so that the figure that is being shared is known.
It would not be unreasonable to request the information, but please note that you should not withhold payment of expenses as the support under an Order is owed unless varied by agreement or by further Court Order.
In my practice, we try and negotiate the sharing of expenses with a built in information gathering provision before the expense is paid. It is important to know what you are looking at before the commitment is made. We look at all of the information including bursaries, OSAP, employment income etc....so that our client will be able to negotiate a payment in accordance with the information in front of them.
If you happen to be locally in Goderich, Ontario or Huron County in general, please feel free to contact our office at 519.524.5532 to book an appointment to see me to seek legal advice on your particular issue as this blog does not provide legal advice from which one is to base decisions. It is solely an information sharing blog. Thanks
Thank you very much for the information. The court order only states however that I am to share in any extra-ordinary expense as to my income and that I am to receive copies of the receipts in question and She is to discuss with me prior as to the expense in question. I have received one receipt so far which came to me with the dollar amounts complety and unmistakingly altered by the the mother but will not send confirmation on funding. Do I still have to send money regardless of what information I am supplied with? I have a perfect track record with the FRO with my regualr support payments for the last 23 years and is the only actual dollar amount listed on the order. I do want to help with college but I do not want to be mislead by the mother either as I feel I am. I have another daughter with her and will be starting college as the other one ends. I only want to do whats right staying within the rules of the courts for she will take me back in regards to this. Again, can anyone help me.
PS...my daughter is receiving specific bursary funding for the receipt in question.
Robert, it sounds like the situation requires some legal advice in order to straighten things out. My suggestion is that you speak with a lawyer so that the disclosure issues are ironed out.
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