Hi, I'd be very grateful for some steer. We are trying to avoid financials final hearing. We have almost agreed on everything, with the last sticking point being on how to deal with private school fees for our 12 yr old daughter (only child), who has so far attended private school all her life.
When we separated, we agreed she would live between us 50/50. On that basis, and not expecting mother to raise a CMS claim, I felt I could afford to pay half of school fees and half of her costs (clothes, etc). Fast forward 18 months, for reasons I won't get into here (in short, there was abusive foul play) daughter lives full time with mother. Now mother has raised a CMS claim which costs me £1,252 pm, which on top of school fees and extras (half would be £1,200) becomes unaffordable to me. I earn roughly £140-160k per year, but have debts I'm paying off and live in London which is expensive.
I have no assets, no savings and currently don't have a job (I'm between assignments). I cannot afford to pay school fees this month so I paid mother full CMS (which she wasn't expecting as I don't have a job) and asked her to pay my half from that this month. She has kicked off but there is nothing I can do - I cannot pay. If she doesn't pay, then our child will need to leave private school. Simple as that.
Mother earns in excess of £300k per year, more than double me and stable (perm role).
She is demanding that the
Consent Order states that I will pay CMS and 50% of all school fees and school extras. I'm saying that's not affordable to me. I have suggested we consider the true cost of keeping our child (food, clothes, all the basics) and halve all non-discretionary costs so that mother does not benefit from the CMS but instead pays a more fair 50%.
Mother is irate and will not accept. What do you recommend? What would a judge likely rule? What construct should I suggest in the order? I want to be fair and I do want to keep our daughter in the school, but I cannot end up in debt or on the street because of it. Thanks in advance.
