QLD Ex Stopped Paying Kindergarten Fees - Taking Me to Debt Collectors?

[Krististyle]

Hi, my ex has stopped paying our child's kinder fees. The kindergarten has been taking the money out of his account for the past 2 years and had always contacted him for payment and knew he was responsible for the bills.

Now that he has stopped, they are threatening to take me to the debt collectors because the account is in my name. Am I legally responsible for the account even though all previous payments were made by him?

 

[Rod]

... because the account is in my name.

Probably makes you responsible to the kindergarten. Course of ordinary day-to-day dealings may make him responsible but it is unclear from your post if this applies.

 

[Krististyle]

Hi Rod, Thanks for your quick reply. What additional information do you need from me to help if "Course of ordinary day-to-day dealings" applies in this case?

 

[Rod]

The best way to describe it is if the kinder only deals with your ex for payments and deals with you for everything else, then the account will more than likely be deemed your account and payable by you. Especially so if your name is on the enrolment paperwork and signed by you. Means the contract is between you and the kinder.

Not sure if there are child support orders in place saying he needs to pay the kinder bills, but this is a separate arrangement, if it exists, and doesn't change the fact that according to the kinder, you may be responsible for the account.