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My wife and I divorced several years ago. We lived in the…

My wife and I divorced...
My wife and I divorced several years ago. We lived in the US, then she left for Canada and filed for the divorce. We have one daughter together. I am an American, she is Canadian and our daughter is dual. My daughter is almost 18 and my wife contacted me and said that I must pay exactly half of her "all-in" university expenses or she will take me to court. Can she do that? Nothing about secondary education is in our child support agreement.
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Answered in 1 minute by:
1/16/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,961
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear that you are in a difficult situation.

In Canada both parents have to contribute to the child's school related expenses in proportion to their respective incomes. So it's not half and half unless your incomes are equal.

It really doesn't matter about any agreement because child support is the right of the child.

At the same time the child is required to contribute so your daughter has to apply for all bursaries, scholarships etc available. As well, your child will have to contribute about 1/3 of her summer earnings, if any, to some of her expenses.

This only applies if the child attends school full-time and also lives at home when not away at school.

Does that clarify the law?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 7 months ago
Okay. I am agreeing to help with expenses, but she picked one of the most expensive schools. 26K+ per year. I am wanting my daughter to take some responsibility with a student loan but my ex is against it. She contacted me, not asking, but telling me what i would pay.

She may not be eligible for a student loan now if you are asking about governmental loans. They consider both parents' income until the child has been out of high school for 4 years.

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Customer reply replied 7 months ago
Would i still be required to pay full child support to her mother on top of having to pay for our daughters university? And this applies even if i am not canadian nor living there? US does not have this requirement and thats where i live.

Generally how this works is if the child lives at home while attending school then you pay the full amount.

But if the child lives at school during the school year and you are contributing to room and board you would not pay the full amount for support but rather in most cases the court reduces the support to 1/3 of the basic amount to reflect the fact that the child lives at school for 8 months of the year.

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Customer reply replied 7 months ago
I am referring to a government back student loan. both Canadian and/or US. My question is, Canada could realistically force me in the US to pay for half of her post secondary education? I mean she is only entertaining the most expensive schools. It like buying her a car and only looking at Maserati's. OK on the CS. She would not be living at home.

I am talking about student loans. In Canada they consider the entire family income for the first four years.

What do you mean by the most expensive schools. Can you give me an example?

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Customer reply replied 7 months ago
McGill, Kingston i know for sure. My wife said they are about 26,000 per year and told me i need to pay half. she is against our daughter incurring 1 cent of debt.

What you are being told is not quite true.

My son went to Queen's and it is a bit less expensive than some of the other schools. McGill may be a bit more.

But for undergraduate they are all about the same unless your child is entering a particular program such as engineering, computer science etc.

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Customer reply replied 7 months ago
okay. thank you. my question in my last message was canada can realistically force me as a US citizen to pay half of her education, minus any scholarships, etc? I just want my daughter to pay for some as well.

Yes the court will force you to pay if they can. The laws applies to you where ever you live.

The court will require to her contribute as I explained above.

Debra
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Category: Canada Law
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Customer reply replied 7 months ago
okay, thanks

You are very welcome.

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