QLD Property Settlement - Family Court to Determine Educational Fund Dispute?

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1 December 2014
Hi. As part of our Property Settlement, my ex wife and I set aside sufficient funds in a joint account (joint signatories) to pay for our child's education through her last 3 years of private schooling. At the time, we did not put in writing how this account would be operated or what educational expenses would be deducted. You can see where this is going already...

I have recently received a book list and uniform requirements for the 2015 school year. I emailed my ex wife with a proposal that we organise a bank cheque in the name of the suppliers or an EFT as reimbursement for myself for these two expenses and I would see to them being organised and pay for them initially. I was then advised by reply email from her the funds in the joint bank account were for School Fees only and all other expenses were to be born by myself as she paid me child support and she would not authorise a withdrawal of funds for any expenses other than school fees.

I am in the process of preparing a proposal of what I consider should be paid from this account and what expenses should be paid for by myself as part of my obligation as the person providing primary parental responsibility and receiving her child support. I will email this to my ex wife as the first step in resolving this matter.

My questions are:
1. If this is not resolved by email between us, is the Family Court the correct jurisdiction to resolve it and formalise what can and cant be expended from this account?
2. If it would be bought before the Family Court, should it be subject to the Family Dispute Resolution process first?

Many thanks for taking the time to read and respond if you can help.

Sarah J

Well-Known Member
16 July 2014
Melbourne, Victoria
Hi AmicableDad,

1. Yes, the Family Court is the correct jurisdiction;

2. It is always recommended to go through dispute resolution before litigation. As such, if parties do not voluntarily try that first, the court may order this and stay (place on hold) proceedings until this has been tried.