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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34283
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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Hi, Up until recently my ex and I have got on amicably with

Resolved Question:

Hi,

Up until recently my ex and I have got on amicably with regards ***** ***** and access.
Now our daughter who lives with me is due to start school in September, I want her to go to the good local primary school and my ex wants her to go to a local private school. Both schools are very good but he has said it is because he wants to stop paying me maintenance. At the moment his maintenance covers half of her nursery costs.

He has our daughter 3 nights a week, we do not currently go through the CSA.
I would like advice firstly on who's decision is it on which school she goes to if there is a disagreement?
secondly, can he stop my maintenance?

Your advice would be greatly apprciated

Kind Regards
Abi
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.
Why does he think that he will not have to pay maintenance if she goes to private school?
Is he financially able to cover the costs for at least her primary education?
Clare
Customer: replied 3 years ago.
He believes he should pay purely for Skyla, since he has her three nights a week, says it's almost joint custody.
He pays me 430 at the moment and this goes towards nursery, so when nursery finishes why should he pay money to me that is not going in education.
I have already said I would pay for after school club (200) out if my maintenance.
Anything else let me know
Kind regards
Abi
Expert:  Clare replied 3 years ago.
Hi
How much does he earn gross?
Clare
Customer: replied 3 years ago.
Hi, he earns about £100K including bonus, so that's just over £65k after tax,NI. I worked it out that he should pay me about 430 a month and I would pay after school club (200) out of that.
It's my decision as primary carer which school isn't it?
I think he owes me the money whichever school but he is using it as a reason not to pay me anything.
Sorry late !
Abi
Expert:  Clare replied 3 years ago.
Hi
It is expected that you and your ex will reach agreement on where she goes to school - neither of you has more right to decide than the other
However since he would need tour agreement to start her at the private school if he feels strongly on the issue then he will need to apply to the Court for a specific issue order - and given the reasons he offers I would expect you to win.
However he is wrong on one point.
Provided she stays four nights a week with you then it doe snot matter where she goes to school - he still has to pay maintenance
Please ask if you need further details
Clare
Customer: replied 3 years ago.
Thank you Clare,
That's great, we will sort I just wanted to get a professional view.
Best Regards
Abi
Expert:  Clare replied 3 years ago.
Hi
Do try and use Family mediation (www.familymediationhelpline.co.uk) so that you have some support in the negotiations
Clare
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