If you’re navigating a separation as a parent it’s natural to want to minimise disruption in your child’s life, however, continuation of schooling may be difficult if your child attends a fee-paying school. Significantly, the Child Maintenance Service (CMS) does not include a provision for school fees when making an assessment for child maintenance payments.
Prioritise communication over school fees
During or following a separation there can be many areas to discuss, however, it is essential to prioritise communication over your children’s education. The best approach is for both parents to agree on how school fees, should be paid. Open communication can help prevent misunderstandings and ensure that both parties are clear on their financial commitments. If possible, formalise this agreement in writing as part of a financial consent order within divorce proceedings.
Explore Alternative Dispute Resolution
All parties with parental responsibility must consent to any change in the child’s school. If parents cannot agree, you should consider alternative dispute resolution methods such as mediation or arbitration. These processes can help both parents work through financial disagreements as court proceedings can be lengthy, expensive and take control of the decision-making away from the parents.
Court Orders for School Fees
If an agreement cannot be reached and the matter goes to Court, a Judge can order you and/or your former partner to pay the school fees. This could involve creating a school fees fund that both parents contribute to, ring-fencing a marital investment or savings to fund the school fees, or a school fees order directing one or both parents to pay the fees and extras termly from their income.
In making a decision, the court will consider the following factors:
- The parties income
- The parties other expenditure and budgets
- The standard of living enjoyed during the marriage
- The contributions made by both parties during the marriage (including the children’s private education)
- What other options there may be, i.e. whether there are any good state schools in the relevant catchment area, making the option of private school fees, unnecessary.
- A child’s wishes & feelings – if he/she is of a sufficient age, for these to be taken into consideration
- The parents’ wishes regarding private education
- The child’s best interests and any prejudice that could be caused to the child in disrupting his/her education
The court will prioritise essential needs over school fees, so that basic needs like housing, clothing, and food shall be prioritised over school fees.
Addressing changes in financial circumstances
Should either parent’s financial situation change, it is crucial to revisit the school fees arrangement. This may involve renegotiating the terms or seeking adjustments to any court orders in place. Parents should also inform the school about any changes to their financial situation, as some schools offer bursaries or payment plans that could ease the financial burden. There may also be discounts offered when advance payment of school fees can be settled. Likewise, if a school change becomes necessary, pay close attention to the notice period to avoid unexpected fees before your child can transfer.
Plan for future education costs following divorce
Beyond the immediate concern of ongoing school fees, separated parents should also consider additional expenses such as extras, school trips or extracurricular activities.
Dealing with school fees after separation requires careful consideration, clear communication, and, where possible, mutual agreement. By addressing these issues early on and seeking professional advice if needed, separated parents can better ensure that their child’s education continues with minimal disruption. Whether through direct negotiation, mediation, or, if necessary, court intervention, it is crucial to keep the child’s best interests at the forefront of any decision-making process. Establishing a clear, long-term plan for managing these costs can ensure that decisions are made early enough to explore the available options and establish a contingency plan, if necessary.
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