Many parents choose to pay school fees. While they are in a relationship, whether married or cohabiting, they usually make this decision together. However, when parents separate, there is a significant risk that one parent may decide—often for financial reasons—that their child should no longer attend the fee-paying school. What options does the other parent have in this situation?
Can I force my ex to pay our child’s school fees?
In England and Wales, the courts can issue school fee orders as part of financial orders in divorce proceedings. Additionally, under Schedule 1 of the Children Act 1989, courts can also make school fee orders when the parents are not married or if they are married, but the financial Order does not include provisions for school fees.
Applications for school fee Orders Under Schedule 1 of the Children Act
If a parent is separated, unmarried, or married but did not include a School Fee Order in their Financial Order during a divorce, they can apply to the Court for the other parent to contribute to the child’s school fees. The likelihood of a successful application is higher if the child was already attending a fee-paying school before the separation. However, the Court will review each case based on its unique circumstances. It will consider the parent’s income and financial obligations, as well as the child’s needs and expectations.
School Fee Order and Divorce
It is highly recommended that married parents secure a Financial Order when they divorce to clarify all financial matters related to the marriage, including capital and income. This Financial Order can also specify whether one or both parents are responsible for covering the child’s school fees. The Order regarding school fees should clearly outline the payment terms and the conditions under which these payments will cease.
Enforcing a School Fee Order
Suppose you have received a School Fee Order as part of a Financial Order during a divorce or under Schedule 1 of the Children Act 1989, and the other parent stops making payments in violation of the Order. In this case, you can apply to to Court for enforcement.
If the paying parent experiences a change in circumstances, such as losing their job, they can apply to the Court to request a modification of the school fee order. This modification could involve adjusting the amount the paying parent must pay or discharging the Order altogether.
When to seek advice from solicitors
You should seek advice as soon as possible about the process of applying for a school fee order. This will help ensure there is no interruption to your child’s education. Contact us today for your free initial consultation.