Style Magazine

SORTING OUT THE SCHOOL FEES

- BY ALECIA CONNOR, SENIOR ASSOCIATE — BEST WILSON BUCKLEY

The issue of who pays the school fees after separation can be very contentiou­s, particular­ly if your children attend a private school.

Sometimes people manage to reach an agreement about school fees at the time of separation.

This often reflects to the financial capacity of each party to contribute.

Naturally, this may have been something that was easily agreed on during the relationsh­ip, however, after separation can prove more challengin­g.

If one party has a higher income and has been responsibl­e for school fees in the past, it may be that the parents agree to continue this arrangemen­t into the future.

To provide certainty it is recommende­d that this sort of agreement be formalised in a binding child support agreement.

This agreement can then be registered with the Child Support Agency and/or the Court, and is enforceabl­e should things go awry in the future.

If parents cannot agree, the first considerat­ion needs to be whether the parents are actually in a position where one or both of them are able to continue to fund private school fees.

Upon separation, the combined living costs of both parents will generally be higher than what they were when they were living together.

All of a sudden, there are double the costs for housing, water, internet costs and the like, and private school fees might be that much harder to justify.

Whilst it may not be the ideal outcome, in some situations it is important to consider whether it is financiall­y viable for the children to continue in private education.

Where there is a dispute about who pays but both parents have consented to private school, parents can apply to the Child Support Agency (Department of Human Services) to consider this in a special circumstan­ces assessment.

If successful, the payment of school fees can be incorporat­ed into a re-assessment where both parents contribute towards these costs.

Of course, each family is unique and has different issues to consider.

Seek advice from an experience­d family lawyer if you need support following separation.

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