Hello
everyone
I
seem to have had a lot of matters recently where the biggest issue in dispute
is the payment of private school fees.
Most
parents choose to send their children to private schools if at all possible,
but the financial pressure put on families if they do so is enormous. Unfortunately
that financial strain can often lead to other arguments and sometimes to the
breakdown of the relationship.
When
parties separate they have to divide all they have between them. Their combined income that had been used to
fund one household and one mortgage now has to run two households and two mortgages.
Parents
who had been struggling to pay private school fees when together generally find
it almost impossible to pay those fees after they separate.
It
is not that the parents don't want to pay and don't want the children to stay
at the private school but sometimes it is simply impossible to sustain what
could be regarded by some as a luxury.
It
is important not to commit to paying ongoing school fees if you can’t afford to
do so. It is equally important not to agree to divide property on the basis
that each parent will pay half of the education costs when you suspect that it
is likely that a year down the track the other party will renege and you will
either have to pay everything or spend more money going back to argue about it.
Some
people agree to put part of the money they are entitled to into a trust to
cover school fees. This can save
arguments down the track and ensure a private education for the children, but a
parent shouldn't agree to set up a trust fund if that means that they will not
have enough money to rehouse themselves and the children. In my experience it is unlikely a court would
force a person to give up their property settlement entitlements to contribute
to an education fund.
I
have seen a few cases this year when the children have had to be pulled out of private
school. Although no doubt somewhat traumatic
at the time, the child will be more likely to handle the change in schools if it
is a joint decision of both of their parents based on financial reality and not
as a result of one parent having unrealistic expectations about the payment of
fees and losing the argument in an expensive court hearing.
As
always please feel free to comment on this or any other of my blogs. I
would also be happy to respond to any questions you may have on this topic.
If
you have any further queries please feel free to contact me directly at
Septimus Jones & Lee on (03) 9613 6555
