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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a child in private education, he is in year 2 and is

Resolved Question:

I have a child in private education, he is in year 2 and is 5 years old (6 at the end of August). I would like to know if legally I will be required to pay for my childs education if I were to divorce. (is it down to the childs age?)
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who wished the child to go to a private school, and what is your financial position?
Clare
Customer: replied 3 years ago.

My wife wanted my child to go to private school and we use the money received from a rental property to pay for his education. The rental property is in my wifes name, she had this property when we met. I know know why she was so resolute in not having may name on the mortgage. Therfore if we loose this property as a source of income I would be unable to cover the £12,000 yearly fees. Don't get me wrong I do not want my sons life to be affected or disrupted by moving him to a state school as he is very settled and doing well, he is obviously my primary concern. If we could come to some arrangement I would be happy for him to continue his education at this school. I am asking the question as my wife seems to be waiting or stalling to move forward with the divorce and I am not sure if it is to do with his age as we are approaching the end of the school term and his birthday, where he will be 6 years of age. She seems to have been planning this split for some time and has put herself in quite a lucrative position. I therfore need to be fully informed wih regard to what I may be forced to pay for.


Regards

Expert:  Clare replied 3 years ago.
Hi
What is likely to happen to the property that is currently funding the fees?
Clare
Customer: replied 3 years ago.

Hi


It will probably have to be sold, but as it is in her name I beleive I would only be entitled to the increase in value from the date we started seeing each other. Even though I have continuously maintaned the property at my expense and I deal with all the tenants and contracts, which inturn has allowed us to have consistant funds for my sons education. She has now taken some form of control back over recent days and has asked for the template contract to be sent to her. The tenants contacted me recently as they want to exted through to July next year. I have also recently found out that she has been spending some of these funds on personal items and withdrawing large chunks of money. I have no idea were these cash withdrawls are going but her response to my asking was that she has aways covered the school fees. It was agreed that all the funds taken from the rental of the property would go to my sons education, this would create a buffer if we ha a few months without tenants.


Thanks


 

Expert:  Clare replied 3 years ago.
Hi
What are the values of the capital assets that you each have
What is your gross income per annum
Clare
Customer: replied 3 years ago.

Hi


The house in my wifes name is worth £140,000 with a mortgage of around £30,000 = £110,000


She also has a pension which I believe is worth around £30,000.
The house in joint names is worth £600,000, which came from assets acculated by myself through property development before we were married - There is a £150,000 mortgage on this property. = £450,000


 


My wife gross income is around £25,000 (not including the extra she gets from my son's school fees fund!)


 


My gross income is around £65,000 - I am self employed so this is subject to change.


 


Regards


 


 


 

Expert:  Clare replied 3 years ago.
Hi
How much does a two bedroom property in the same general area cost to buy?
Clare
Customer: replied 3 years ago.

Hi about £100 - 130,000


regards

Expert:  Clare replied 3 years ago.
Hi
So potentially the matrimonial home could be sold - the proceeds divided - you could both be rehoused and her house could still provide the money for the School fees?
Clare
Customer: replied 3 years ago.


Yes to your question- we have since had a conversation with regard to what happens next and she has spoken about a trust for Harry, to use the continued rent to pay for his education then pass the house to him when he is old enough. I was quite taken aback - this was probably the solution I would prefer but with her histoy in spending his fees the access to his account would need both our authorisation.


 


Regards

Expert:  Clare replied 3 years ago.
Hi
The issue of Private Education is one which you and your ex are expected to agree - and having started private education then if it can be afforded then is is likely a court would expect it to continue.
A Trust would be one option - an alternative arrangement could be a Clean Break Order which incorporates a statement that she retains the property but can make no future claim for School fees.
I hope that this is of assistance - please ask if you need further details
Clare
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