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School Fees question

  • Brent68
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29 Apr 12 #327145 by Brent68
Topic started by Brent68
Hi - am totally new to this and after reading some awful stories on this site I realise that my own position is not so bad.

My wife and I decided to divorce after a long marriage. Things are now getting difficult and although we are in mediation a real sticking point is school fees. We have two children (aged 16 and 12). I lost my job in the City during the banking crisis and although I have got another job the salary is now much less. We had previously decided that we could not afford secondary school fees. My mother-in-law then generously offered to pay school fees and both boys have been doing really well at a private school.

My wife now says that her mother will no longer pay the fees and that we now need to pay them ourselves. Given we can''t square the income/expenditure equation for me this would have to be by using an element of capital from the house sale. I suspect that this a tactic to get more of the my capital share and that in reality the mother will still pay the fees to my wife (half for the fees and the other half as extra income for her).

I appreciate the generosity of my wife''s mother but feel that we are not in a position to afford private school fees and we now need to look at good state schools. My wife is looking to move away anyway and will want to move the boys to a different school. She refuses to consider any state schools.

Has anyone seen this situation before. Could a Judge compel me to give up a large slice of capital to cover half the fees ?

Rgds, Brent

  • jonathancj
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29 Apr 12 #327278 by jonathancj
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It may depend on where in the country you are, but judges I have dealt with regard housing the parties as being a far higher priority than school fees. If you can''t house adequately if part of the sale proceeds go in school fees, most likely it''s the school fees which will have to give.

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