SORTING OUT THE SCHOOL FEES
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.