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Child Support - School Fees As Well?

Discussion in 'Family Law Forum' started by dkld, 22 September 2014.

  1. dkld

    dkld Member

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    My Partner ex wife has told him he needs to pay school fees on top of regular child support because he 'acknowledges' that their daughter goes to this specific school and child support have allegedly said he is to pay. My partner had next to no say in his daughters school and it is a nationality specific to the mother's heritage which is costing 1000 per term.

    I was under the impression that all my partner was legally entitled to pay was the 120 a week? He would pay if he had a lot of money - but it's difficult to pay rent child support bills and fork out a grand whenever his wife asks. The wife is living with her parents rent free and still has 2/3rds of the the money made from selling their house. Please let me know if she is lying to my partner just to make him pay or if the child support agency (CSA) will actually enforce this.

    Thanks :)
     
  2. Rod

    Rod Well-Known Member

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  3. Sophea

    Sophea Well-Known Member

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    Dear dkld,

    If your partner has not agree to send his children to this nationality specific private school, then he is not legally required to contribute to the fees. If his ex decides to send the children to this private school and your partner refuses to contribute, his ex will have the onus / legal responsibility of paying the school fees herself.

    The formula that the CRA use to assess child support payments is based on the child attending a public school, not include a private school. However, where the parents have both agreed that the child will attend a private school, then the CRA will consider re-assessing the child support amount to include a proportionate amount of the school fees. In order to get a reassessment, your partner's ex would have to prove that it was the agreed intention of both her and your partner to send the children to this specific school - this is usually done by producing an “enrolment form” for the relevant school signed by both parents. In determining whether it was the agreed intention of both parents, the agency will look at the financial status of both parents and the type of education the parents want for the child, rather than any specific school.

    In short, you can refuse to pay for the private school fees unless you have previously agreed to send the children to this specific school.
     
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