How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33275
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

A friend of mine has just split up from her long term of 14

Customer Question

A friend of mine has just split up from her long term of 14 years partner. They have a 6 year old son. The child attends a private school and has done for over a year before the break up. The school will become a free school in September. Fees were paid out of my friends account, but her partner made contributions to the fees as part of other financial commitments they had made together. Should the school fees be included in their financial settlement after the split?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
Do you mean does the ex partner HAVE to pay towards the school fees?
Clare
Customer: replied 1 year ago.

Yes, I guess so. There is some clear information on the amount of maintenance to pay, but the school fees is something we can't find information on. There is some information on maintaining the living standards of the child, but that is not specifically school fees.

This is a short time thing as the school will be a free school in September 2015, so it is only 9 months tops.

Expert:  Clare replied 1 year ago.
Hi
How much does the father earn?
Clare
Customer: replied 1 year ago.

£30,500

Expert:  Clare replied 1 year ago.
Hi
is he willing to share payment of the school fees?
Did he agree to the child attending Private school?
How much does the mother earn?
Clare
Customer: replied 1 year ago.

They decided together that the child should go to private school, and he has been paying 50% of the fees as part of his housekeeping etc to his former partner. The mother earns £10k pa, plus has other income from other maintenance payments of about £1k per month

Expert:  Clare replied 1 year ago.
Hi
Are they negotiating a private financial settlement or is it likely that your friend will have to apply to the CMS for evidence?
Clare
Customer: replied 1 year ago.

Attempting to negotiate at the moment, but she wants to gather information firSt. I think it will end up as a private settlement

Expert:  Clare replied 1 year ago.
Hi
There is no automatic requirement for the father to pay the school fees, or half of them on top of the Child Maintenance so it is important that your friend gets a clear commitment from her ex to pay these
Technically it is possible to make an application under Schedule 1 of the Children Act for them to be paid but frankly it is far from certain that the court would make the order given his relatively limited income.
I hope that this is of assistance - please ask if you need further details
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)