QLD Debt Collectors Chasing Brother for Private School Fees?

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amy p

Member
8 February 2018
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My brother has a daughter who goes to a private school & is unable to pay the school fees because he has filed bankruptcy. Now the mother has sent debt collectors after him, saying he has 7 days to pay.

He pays his child support so doesn't that cover school fees? He has seen his daughter twice this year, 4 hours on her birthday & 5 hours last Sunday. How can she be allowed to do that?
 

sammy01

Well-Known Member
27 September 2015
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Did he sign the school application forms? Is his ex going for half fees or all of them?

What sort of time does he want with the child? How far does he live from the child? Lots of questions...But the help you get will depend on the answers.
 

Clancy

Well-Known Member
6 April 2016
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The only way the mother could do that is if the payment of school fees was specified in consent orders and or court orders.

Possibly also if he has made a statement in the past that he will pay it, and the ex has evidence to that effect?
 

sammy01

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27 September 2015
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Clancy

Well-Known Member
6 April 2016
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Child support rules say something about how the parents planned to education the kids... So if the child was enrolled in a private school prior to separation then the payment of the fees is something that CSA would look at in determining that one parent needs to pay more than the set amount I've linked their rules below
2.6.9 Reason 3 - High Costs of Caring for, Educating or Training the Child in the Manner Expected by the Parents | Child Support Guide

My understanding of that is that one parent would not pay more than the 'set amount', but that one parent can apply to CSA to increase the 'set amount' based on those reasons. At no time does not involve the mother sending debt collectors after the father!
 

Rod

Lawyer
LawTap Verified
27 May 2014
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If the brother has agreed to pay school fees and entered into a contract with the school then he's liable.

If the brother told the mother he'd pay and she relied on the promise, he's liable.

Both become subject to bankruptcy rules I know nothing about.
 

Cairns123

Well-Known Member
16 January 2018
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I hope you don’t mind me asking:

If there is an agreement between the parents and it is put in the orders for private school fees to be over and above child support and not affect the assessments, is this accepted by CSA or will they reduce the assessment anyway?
 

amy p

Member
8 February 2018
3
0
1
There are no court orders. They've only gone through mediation when she was first born.
 

amy p

Member
8 February 2018
3
0
1
Child support rules say something about how the parents planned to education the kids... So if the child was enrolled in a private school prior to separation then the payment of the fees is something that CSA would look at in determining that one parent needs to pay more than the set amount I've linked their rules below:

2.6.9 Reason 3 - High Costs of Caring for, Educating or Training the Child in the Manner Expected by the Parents | Child Support Guide

They were never an item - just 2 friends that hooked up a couple of times.