A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Daughter changing to private school

  • gwapenut
  • gwapenut's Avatar Posted by
  • Junior Member
  • Junior Member
More
26 Aug 12 #351994 by gwapenut
Topic started by gwapenut
We divorced 4 years ago with Consent Order and our daughter has started in the local state primary school 3 years ago.

My ex now wants to send her to a private school which is not something I have agreed to. Can the Consent Order be varied to force me to pay school fees? Education was asked about in the original divorce proceedings 4 years ago and it was recorded that neither of us wanted private education for her.

  • zonked
  • zonked's Avatar
  • Platinum Member
  • Platinum Member
More
26 Aug 12 #352021 by zonked
Reply from zonked
I think there are two issues; on principle do you object to the change of school, if such a change is made would you be forced to pay for it.

In respect to the first point, you share PR and therfore could raise an objection, if no agreement reached with your ex you would return the matter to court. I believe the order you would seek would be a specific issues order. You would ask the the court to order that your dtr remain in her current school. You would need to have child centered ready; for example: established peer groups, disruption to her education, distance she would need to travel. If you believed that the school place was not financialy sustainable and would result in a move back into state provision (thus causing further disruption) at some point in the future, that would be a valid arguement in my view. On thiner ground, you might mention things like ethical objections to private education or a wish for her to mix with a wider range of people than she would encounter in private school.

On the second point, am afraid its above my head so cant comment.

  • gwapenut
  • gwapenut's Avatar Posted by
  • Junior Member
  • Junior Member
More
30 Aug 12 #352772 by gwapenut
Reply from gwapenut
I do object but feel it is now too late to do anything without massive disruption to her.

But given that my ex has our daughter''s best interests at heart, the major worry would be on the second point - whether I could be ordered by a court to pay for it now or in the future. Money has not been mentioned yet, and it may not be - after all, there are burasries and scholarships kicking around.

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
30 Aug 12 #352774 by MrsMathsisfun
Reply from MrsMathsisfun
I dont think you could be made to pay because any payments above the csa rate are voluntary.

I suppose it depends on the Consent Order, was it a Clean Break or do you pay sm?

  • gwapenut
  • gwapenut's Avatar Posted by
  • Junior Member
  • Junior Member
More
30 Aug 12 #352775 by gwapenut
Reply from gwapenut
I pay SM, but at the time of divorce we both stated that we had always intended a non-private education.

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
30 Aug 12 #352783 by MrsMathsisfun
Reply from MrsMathsisfun
I was thinking that maybe she could apply for a variation of sm, but not sure how successful she would be because private education isnt a necessity but a lifestyle choice.

Hopefully someone more knowledgeable will be able to answer you questions

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
30 Aug 12 #352785 by Fiona
Reply from Fiona
IT''s possible for one parent to apply for a court order against the parent to pay school fees under the Children Act 1989. Unless a child "needs" to go to a special school such an application is unlikely to be successful if there was never a joint intention to send the children to a fee paying school.

Apart from you having equal responsibility for determining which school your child attends your argument is the finances were settled at the time of the divorce and you shouldn''t be subject to further claims.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11