New school situation

Hi I need some guidance.

I''m divorcing my husband of nearly 11 years...will spare you the details, however we have two children together, a 6 yo daughter & a 3 yo son. I will be relocating with the kids to be nearer to my family - only an hour away from where we live now. My stbx & I have discussed this many times & he has verbally agreed, that it best for the kids to be with me & I''d receive the support I need from my family.

The question now is around schooling for our daughter. There are waiting lists for all the good schools in the new area we are moving too, there is a school which has a place but it''s not a good school at all & I don''t want to place my daughter there. I feel that private education is the best option, & both stbx & I have agreed in the past about this - probably about the only thing we''ve agreed on. However he''s now back tracked on what he''s said and is saying that he''s not sure whether he can contribute towards paying the fees...can private school fees be part of the financial agreement/ settlement or will this be seen as not a necessity?

He has gone from working 7 days a week to 11 days a month since April this year. It feels like he is purposefully reducing his income. I''m the main bread winner & have been since we married, I''ve also been the main patent for the kids & pretty much do everything for them & I think he wants more within the financial settlement. Would that be the case if the kids are going to be with me? I''m the main parent for our kids, he doesn''t think of them as his responsibility when we''re together...he has only bathed our son last week for the first time since he was born...he''s a token Dad & has said he would prefer quality time with the kids not quantity...if child maintenance payments are based on his gross income which he''s reduced right down then how does that work? Does that mean he can easily get away with not contributing at all? He said he wants to have the kids every other weekend, to share the school holidays, alternate Christmas etc, which I have verbally agreed to...

I''m not sure what rights I have here especially regarding school fees & child maintenance...would be grateful for some guidance.

Thanks

You don''t say what your incomes are so hard for anyone to comment.

Does your daughter go to a private school now and if so who pays?

Has your stbx agreed to the change of schools?

Hi my income is just under the 40% tax bracket & stbx earns around £15k - £18k pa.

Our daughter currently goes to a state school, but as all the good schools in the new area have waiting lists I feel as if I don''t have an option but to put her into private school.

Stbx has agreed to us moving to the new area,..but sometimes changes his mind & says that our daughter should stay in the school she''s in, but hasn''t thought about the fact that I''d need more equity from the house sale to be able to afford to live near her school...& I wouldn''t have the support of my family either...

But equally you would have more expense sending your daughter to a private school so be able to spend less of your income on housing.

Also, assuming you stbx is staying locally, you will both incur more expense maintaining contact.

Have you worked out what CM will be? Given what you quote for his income probably less than £200 per month. Will you be able to afford school fees based on that plus your income as you are unlikely to qualify for much in way of tax credits?

You need to post more details on assets for someone to comment on likely outcome of how to split it but your ex will need housing too and has a low income. He wont be able to contribute extra towards the fees.

Sorry but cant see a court making your stbx pay for school fees on top of cm if his income is only £15k a year. You have to decide either to stay where you are or move and your child go to a ''not so good'' school.

There is no substitute for independent legal advice about the particular circumstances. Courts can make an order for school fees over and above child maintenance. The law directs judges to give regard to the financial position of both parties and the needs of the child. Potential incomes may be a factor if someone is deemed to have unreasonably reduced their working hours.

Having said that if it hasn''t already been agreed how children should be educated, they aren''t already attending a fee paying school and a parent isn''t potentially a higher tax payer the probability of the parent being ordered to contribute towards school fees is low.

Hi, just jumping in, its your choice to move near your family and a sensible one, but at the minute not very viable unless you can afford it, the help from your family will be invaluable in the near future until your kids are teenagers, but you are looking at options to make it happen at whatever cost.
How about go on the waiting list and hang on for a year?
Your ex will not be forced to pay towards this if it cannot be funded out of existing payments