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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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 divorced in June 2010 , our court order states that

Resolved Question:

Hi - I divorced in June 2010 , our court order states that my childrens school fees should be paid from Bonuses - This Year though i have not received a Bonus , in my order i had to agree to a school fee order , obviously i now cannot afford the fees and my ex wife is refusing to make any contriibution - can i apply to the courts to have this changed ?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
What is the exact wording of the Order relating to the school fees?
By how much has the lack of bonus decreased your income in the last year?
Clare
Customer: replied 2 years ago.

Hi Clare - Sorry not getting back to you sooner


(iv) The school fees and extras payable in respect of the children of the family



d) for the purposes of (iv) above :-



1) the school fees shall be the aggregate if the fees payable for each of the children of the family in respect of the 3 terms following payment of the bonus


2) the fees in respect of the said 3 terms shall be the fees (excluding extras ) as shall have been announced in writing by the school each child shall be attending at the time the bonus is paid , or in default , the fees for each child for the term commencing immediately after the payment of the bonus multuplied by 3


3. the extraa shall be deemed to be £250 per child per term


4, provided always that in any calendar year only 3 terms school fees and extras will be deducted from any bonus paid or payable in that year



And upon the Resondant ( me) agreeing and undertaking to the court and the petitioner :-_


(9) as all times pending the payment of the school fees provided for in this paragraph , and with prejudice to paragraph 12 below , to preserve in an account in his sol name , in this juridiction a lump sume of of not less than £19,572 and to apply the said sum for the sold purpose of paying ( either wholly or in part ) promptly as they shall fall due , the school fees , insurances , and extras in respect of the children of the family relating to the Autum term 2010 and the Spring term 2011 ( or equialent )



12. The Respondant shall pay periodical payments to the petitiioner for the benefit of the children . The payments shall be the sum of the school fees including insurances and any interest and reasonable extras up to a maximum of 250 per child per term ( or such greater sum as may hereafter be agreed in writing between the parties ) at Kings Schoold Rochester or as such other schools as either maybe hereafter attend whether by agreement between the parties or by order of the court .Payments shall be made promptly as they shall fall due for payment , and receipt by the bursar or other proper office of the school shall be suffiicent discharge of the respondents obligations under this part of the order.



Lack of bonus this year has decreased my income by 32 %



Expert:  Clare replied 2 years ago.
Hi
Sorry - where is the wording that says that the fees are payable from your bonus alone?
Clare
Customer: replied 2 years ago.

Hi Clare - its a messy order - Below precedes what i have already sent to you


7) fore the puropes of paragraph 6 (b) ii



b) the respondants net bonus in any given calender year is:-



i. the respondents bonus which he recieves or is entitled to receive in that calender year ( irrespective of the year in which the bonus was awarded ) less the items listed at (ii) to (iv)


namely :-



ii) the obiigatory income tax and national insurance payable in respect of that bonus ;( unless already deducted when calculating the pay,ment due to the petitioner in respect of any bonus already paid within the same calender year)



iii) any other income tax and national insurance due and owing by the respondent at the time his binus becomes payable , solely by reason of any failure by HM revenue and customs or his employers to deduct from the respondents basic salary as it is paid , the correct level of tax and NI as determined by HM Revenue and customs from time to time ( unless already deducted when calculating the payment due to the petitioner in respect of any bonus already paid within the same calender year )


iv) the school fees and extras payable in respect of the children and the family




6 (b) ii



6 The respondant do pay or cause to be paid to the petitioner maintenance pending suit and upon decree Absolute herein and thereafter periodical payments as follows




b) Thereafter from and including the 1st day of the month following completion of the sale of the former matrmonial home and receipt by the petitioner of funds provided for in paragraph 2(d) of this order , the periodical payments by the respondent to the petitioner shall be as follows



ii) a sum equal to 35% of the respondents net binus , subject to a maximum of £30,000 in any given calender year, That sum will be payable to the petitioner and paid to her within 14 days of the date on which the respondent recieves or the earliest date upon which he is entitled to receive bonus monies



In summary , when i receive a bonus , i`m to deduct school fees from the net amount , anything left over she is to receive 35% to a max of £30,000



Hope this makes sense




Kind Regards


Expert:  Clare replied 2 years ago.
Hi
So in fact the only relevance of the school fees is to reduce the share of the bonus that you have to give your ex?
Clare
Customer: replied 2 years ago.
Yes. It does read that way My son is half way through his A levels and obviously taking him out. is difficult. My ex refuses to pay half claiming her part time job does not pay enough to get a loan and will not consider a re mortgage on her mortgage free house . She has told my son I'm taking him out I want to establish whether I have to pay as no bonus and whether a judge would force her to contribute.
Expert:  Clare replied 2 years ago.
Hi
Ok
How much did you earn at the time the order was made and how much do you earn now?
How many children did you have in school at the time of the Order and how many now?
Clare
Customer: replied 2 years ago.
My overall income has reduced by 56 percent. In april 2010. 2 month prior to agreeing terms i earned £440k ( 130 basic.+310 bonus ). Iwas promoted later in the year (after divorce in june) and my basic went up
To 180k ( where it has stayed ) but since then my bonuses have dropped drastically. Bonuses 2011 193k. 2012 93k 2013 76k 2014 85k and now 0
I now have 1 child in private education ( fees 16k per year ) and a daughter a university. I have remarried and have 2 children ( aged 20 mths and 3 mths ) my wife is currently not working to look after the children
Expert:  Clare replied 2 years ago.
Hi
What maintenance do you pay on top of that?
Clare
Customer: replied 2 years ago.

I pay 2525 pm ( made up £1250 for 2 children , and balance of £1275 for my ex-wife ) Child maintenance will last until end of 1st degree course ( 21 ) , my ex will receive spousal maintenance until she re-marries, or dies ( no cohabitation trigger ) i didnt want this at time, and now in light of my reduced income i cant see how i can look after my family over next 15 years ( i`m 49 years of age ) . My ex has a part time job as well , her house is paid for ( value approx 500k ) and she had 50% of my pension - So as you can imagine i`m not happy with current arrangements and annoyed that she will take "any" financial responsibility for "our" sons education

Expert:  Clare replied 2 years ago.
HI
What is the wording of that part of the Order?
Clare
Customer: replied 2 years ago.

Hi


6. The respondannt do pay or cause to be paid the petitioner maintenance pending suit and upon decree absolute herein and thereafter periodical payments as follows :



a) at the rate of 30,300 per anmum , the first payment of 2525 hereunder to be made on 1/7/2010 and subject to b) below , thereafter payable monthly , in advance , by standing order , imnto such account as the petitioner shall notify the respondant in writing from time to time



b) thereafter from and including the 1st day of the month following completion of the sale of the former matrimonial home and receipt by the petritioner of the funds provided for in paragraph 2(d) of this order , the periodical payments paybable by the respondant to the petitioner shall be as follows :-



i) at the rate of £15,300 per annum , the first payment of £1275 to be made on the 1st of the month following completion of the sale of the former matrionial home and receipt by the petitioner of the funds rovided for in paragraph 2(d) of this order and thereafter , payable monthly , in advance , by standing order , into such account as the petitioner shall notify in writing from time to time , and



ii) a sum equal to 35% of the respondent net bonus , subject to a maximum of £30,000 in any given calender year, that sum will be payable to the petitioner and paid to her within 14 days of the date on which the respondent receive or the earliest date upon which he is entitled to receive bonus monies



7. The said periodical payments will end on the first to occur of :-



a) the death of either the peiitioner or the respondent ; or


b) the remarriage of the petitioner ; or


c) a further order terminating payments



8. Upon the making of this order , paragraphs 2 & 3 of the order deputy district jusge Solomons for maintenabce penduing suit and thereafter payments , dated 10/12/09 , be and are hereby discharged ( save in respect of any arrears )



9. The Respondant do pay or casue to be paid to the petitioner for the benrefit of the said children of the family periodical payments , payable monthly in advance by standing order , into such account as the peitioner shall notify the respondant in writing from time to time , at the rate of £7500 per annum per child , the first monthly payment of £625 per child to be made on the first day of the month following completion of the sale of the said former matrimonial home and receipt of teh fund provided for in paragraph 2(d) of this order , and monthly thereafter ;



10, In the case of each chiild , the said periodical payments will end on the later of that child reaching the age of 18 , or ceasing full time terrtiary education , limited to the completion of a first degree



11. Bank details for periodical payments




12. The respondent shall pay peridodical payment to the petitioner for the benefit of the children of the family. The payments shall be the sum of the school fees including insurances and reasonable extra up to a maximum of £250 per child per term at kings school , or at such other schools as either may hereafter attend whether by agreement between the parties or by order of the court. Payment shall be made promptly as they fall due for payment , and receipt by the bursar or other proper office of the school shall be sufficient discharge of the respoondents obligations under this part of the order.







Expert:  Clare replied 2 years ago.
Hi
The fact that your income has decreased since the Order was made is certainly grounds for applying for a downward Variation of the spouse maintenance or the School fees.
Your starting point is to try and discuss matters with your ex using Family mediation
www.familymediationhelpline.org .uk
When that fails you can then apply to the court for a downward variation.
be clear - it is the fact that your income has decreased that is the issue - the fact that you have further dependents is NOT
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks - Would you say i`m still required to pay for shool fees , or should my ex shoulder some responisibility as no bonus ?

Expert:  Clare replied 2 years ago.
Hi
You are currently obliged to pay the School fees.
Your negotiations with centre on whether she wishes to contribute towards the fees or accept that her maintenance payments will reduce
Clare
Customer: replied 2 years ago.

Hi Clare , obliged as in "there is a school fees order in place so i cant just pay 50%" ?

Expert:  Clare replied 2 years ago.
Hi
Correct if you only pay 50% she can use enforcement action against you
Clare
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