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Answered in 3 minutes by:
3/21/2014
Law.Hut, Lawyer
Category: Canada Law
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No. If he is required to pay you child support, unless you agree otherwise you are entitled to receive a payment for the full amount. He is not allowed to say that his payment is based on other expenses that he may pay for the child. So you would be entitled to say that the RESP contribution is something separate, and demand for payment of child support.
He could then be entitled to stop making the RESP payment. Courts have generally not ordered people to have to pay in advance towards such a plan. He may still have an obligation to pay towards his fair share of her eventual education costs but courts will not make a person prepay towards those costs.
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No. If he is required to pay you child support, unless you agree otherwise you are entitled to receive a payment for the full amount. He is not allowed to say that his payment is based on other expenses that he may pay for the child. So you would be entitled to say that the RESP contribution is something separate, and demand for payment of child support.
He could then be entitled to stop making the RESP payment. Courts have generally not ordered people to have to pay in advance towards such a plan. He may still have an obligation to pay towards his fair share of her eventual education costs but courts will not make a person prepay towards those costs.
I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
Law.Hut, Lawyer
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I understand now. That is a different issue. The RESP is actually his property, and he is entitled to withdraw funds from it if he wishes and spend them how he wants, including on his child support obligation.
This does not mean that he will escape his obligation to pay for the child's education. He will simply have to do so without having a pool of savings to draw from, and he will lose the benefit of the government contributions to the RESP. So it is a fairly shortsighted move on his part, but one that is legal.
I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
This does not mean that he will escape his obligation to pay for the child's education. He will simply have to do so without having a pool of savings to draw from, and he will lose the benefit of the government contributions to the RESP. So it is a fairly shortsighted move on his part, but one that is legal.
I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7,846
Experience: with over 15 years experience.
VerifiedLaw.Hut and 87 other Canada Law Specialists are ready to help you
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