We’re heading into a new school year, and a common question we are asked during divorce and de facto separation cases surrounds private school tuition fees and who is responsible for paying them.
Child support payments use a formula take into account many factors before determining a final monetary amount, such as the income of each parent and the time the child will spend between each household. However, a formula does not exist when it comes to private school fees or the payment of extra-curricular activities, such as sports or music lessons. So how does the law decide what is fair and just in this situation?
There is no straight forward answer. It all depends on the situation and the Court will take into consideration many factors before making a decision.
The initial focus point centres around whether the child is already receiving a private school education, and if both parents initially agreed on the school. In some cases, the Court may not force a parent who did not want the child to attend private school to pay the school expenses, no matter how wealthy they are considered to be or if they can afford it. Although the Court may rule that an application for private school enrolment is enough evidence to attest that both parents agreed on private education, the Court will also consider other evidence, such as school open day attendance, discussions between parties and attendance at admission’s interviews.
The Court will also look at when the child’s private education began and if that shows both parent’s intention to continue it (i.e. private school education in primary school may indicate a private secondary education was also wanted by both parents despite a divorce when the child was in primary school).
The next stage of consideration by the Court is if a private education is financially feasible after a divorce or de facto separation. The financial capacity and willingness of each parent will be assessed to determine how the responsibility will be divided. If a parent decides to relocate with a child, the relocating parent may be liable for costs of a private school should a new education provider be required.
If a parent decides to relocate with a child, the relocating parent may be liable for costs of a private school should a new education provider be required. For more information about relocating children after a divorce or de facto separation, please visit our blog on that topic here.
At Waters Lawyers, we highly recommend seeking legal assistance from the beginning so you are aware of your rights, your child’s rights, your co-parent’s right, and of course, the process. We understand this can be a stressful time and we pride ourselves on providing an informative service with a sensitive and empathetic approach. Click here to arrange your free non-obligational consultation.
