VIC Family Law - Changing School Without Ex-partner's Consent?

[Sweeney Todd]

Well, that was short-lived. The school replied back today stating that my ex told them that: 1) the Divorce Order implies I am obligated to pay the school fees*, and; 2) because I have in the past paid the school fees, it is implied that I want the kids to continue to school there and it, therefore, does not matter that my signature is not on the enrolment form

As a result, they're coming back after me and placed the burden of proof on me asking for a court order stating that I am not obligated to pay school fees. (That's a bit hard to do when there was never an order in the first place stating that I had to!)

Any thoughts on how I should proceed from here? I can only think of re-engaging my solicitor to double-check where I stand and, perhaps, write a letter to the school on my behalf. Clearly the school believes her story over mine.

* Which it most certainly does not. Children's matters were settled by Final Orders a year preceding the Divorce Orders and there is no mention of private school tuition.

 

[sammy01]

Mate offer to pay a portion? You don't wanna wind up not seeing your kids because she uses this as 'evidence' that you hate them.

 

[AllForHer]

I would just provide a copy of the orders to the school and advise you will be paying half the school fees with the rest being recoverable from your ex. Who are they going to send the debt collector to? You, or the party whose signature is on the contract?

 

[sammy01]

So how much time do you spend with the kids?

I'd suggest writing to the ex. Tell her either she pay half or she accept that you have the right to cancel their enrolment.

One more thing - I'd provide the orders and ask the school to direct you to where the orders stipulate that you're solely responsible for the fees.

I'd also draw their attention to the bit about shared parental responsibility and if the ex chooses not to execute that right in relation to fees then you will assume she doesn't want parental responsbility in relation to education - hence you'll exercise your right to cancel the the enrolment

 

[Sweeney Todd]

Thanks for the replies, guys. Some solid points.

In short, the school already does have a copy of the Final Orders. I guess there's no harm in re-sending them and reiterating that I can't point to something that is not catered for within them.

As for who's liable for the debt outstanding, I kind of liken the situation to a credit card. Say an adult student has a credit card in their sole name (they signed for it), but their parents make payments on the card. It would seem absurd if the parents ceased making payments and it fell into arrears, that a debt collector would go after the parents. A debt collector would surely go after whoever signed the contract to begin with.

Attempting to come to an agreement with ex has failed in the past. I even offered to pay more than 50/50. She's pretty adamant that I pay for everything.

Something else I just thought of: last year, I paid enough fees to cover for one of my children's tuition - in one sense as a sign of faith, in another sense to encourage my ex to pay the remainder. When she didn't, I notified the school that I was un-enroling my second child. To which my ex refuted and notified the school that child #2 was to stay. So if that's not demonstrating a clear intent that one parent wants the kids at the school than the other, I don't know what is.

 

[AllForHer]

That's the thing - the school isn't subject to a parenting order, it's subject to a contract with the person whose name is on the paper. In this case, it's the mother, not you, implied or not. Their beef is with her, not you.

Pay half and inform the school the rest is recoverable from the mother, as she is party to the contract and you are not. If this escalates, let the mother decide what she wants to do, whether it's going to court to try her hand and having you pay 100% of fees (an extremely unlikely outcome), or changing their enrolment.

 

[sammy01]

A couple of questions:

1. how old are the kids
2 how much time to they spend with you?
3. how much are the fees per term?

 

[qarmatian]

In contract law there's a concept called 'estoppel'. It means a person can't rely on the terms of a contract if something else has been happening and both parties agreed to it through their actions and words in the past. A general legal concept in response can be 'mistake', as you've mistakenly been paying more than you ought to have and it's now untenable.

I'm not a family lawyer at all, just a general lawyer so it might be irrelevant to your situation. Just saying that sometimes lawyers will grab at any legal sword they can in the hope it'll work against the other party.

 

[Rod]

Seems like a pure contract dispute with the school.

You didn't form a contract and therefore are not obliged to pay one cent to the school. I'd be writing a cease and desist letter to the school in response to their demand for payment.

 

[sammy01]

I'd be going back to the school and stating 1- there is no 'implied' in consent orders. They are ORDERS, clear directions (hopefully). I'd also provide them with a copy of the orders and ask them to direct you to the bit that in their legal opinion forces you to pay...Id also be letting them know it is a bit rough that they're willing to accept what your ex said as gospel, without checking the facts, especially when what she says doesn't impact on her financially, but it does you...