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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33291
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Customer Question

Hi my partner is divorced and has joint custody of the one child with his ex .the divorce finalised in 2011 and financials sorted . However his son is at at a private school and at resolution of divorce Agreed to pay half school fees so as not to upset the child as mother had an affair and ended marriage . Since a year or more has passed my partner cannot afford his half as the fees increase next year and the net effect is an increase of 1 months salary . He earns 50000 ans ex earns 200000 . He has tried to talk to ex about removing son to start state school in September but she insists he still attends private school . He informed school that he cannot afford next year but the school has said there is joint and several liability . Due to that he applied to court to decide and attended yesterday to which she attended with barrister and managed to ask for full financials for year including assets over 1000 pounds , pension etc . This will delay giving notice as notice to remove son has to happen by 17 th april . My question is can he be made to sell two isa's and wine collection worth 40,000 pounds . Or is he better not paying at all from end of June and making her liable with school . He has sourced out a state school who have a place for him in September . Surely any small assets cannot be seized to pay for private school . What is your advice . Time is of essence as it looks like because of her delaying ruling the son will ultimately loose place at state school
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
How old is the child?
Expert:  Clare replied 3 years ago.
Hi
Were the court fees actually dealt with as part of a Court Order. and when is the next hearing?
Claire
Customer: replied 3 years ago.
The court fees were paid by my partner 295 and next stage is 24 th may I think we're by he has to produce financials
Expert:  Clare replied 3 years ago.
Hi
How much are the fees?
Claire
Customer: replied 3 years ago.
My partner paid 295 pounds for yesterday court
Expert:  Clare replied 3 years ago.
Hi
How much are the School fees and is there an existing court order that he pays them
Claire
Customer: replied 3 years ago.
The school fees for next year his half will be 640 pounds per month . The existing court order he agreed to pay for 1 year I think but not sure
Expert:  Clare replied 3 years ago.
Hi
Is this paid on top of child maintenance - if so how much is his net income and how much is he paying out altogether?
How old is the child?
Claire
Customer: replied 3 years ago.
He does not pay maintenance as she earns 200000 pounds and they have joint custody . plus he earns 50,000 . Net income 3000 and outgoings including existing fees of 366 per month leaves him with 200 pounds to spend on himself and things for his son
Customer: replied 3 years ago.
The child is 7 and a half . He pays 366 for school fees and 150 child are costs
Customer: replied 3 years ago.
Sorry tying error 366 school fees and 150 child care cost for after school
Expert:  Clare replied 3 years ago.
Hi
How does the child share his time between them?
Claire
Customer: replied 3 years ago.
My partner has the child every Monday and Tuesday and every other weekend .from Friday after school .
Ex has him every Wednesday and Thursday and every other weekend
Customer: replied 3 years ago.
I have been waiting over 45 mins and still don't have an answer please advise ASAP
Customer: replied 3 years ago.
Relist: Incomplete answer.
Please get me another family law expert as the one I have been using has not answered my question
Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
The simple fact is that yes the Court can say that the fact that he has such assets shows that he can afford the school fees and that it is not in the best interests of the child to move.
Please be clear I am not suggesting that the assets will be seized - in fact I am afraid that it is likely that the Court will simply say that the income that he has is sufficient to cover the school fees should he wish to do so and that there is no reason why the school should be changed.
So far as the notice issue is concerned this is to an extent irrelevant since it woudl appear that the mother could afford the fees no matter what - so the issue is in effect not which school the child will attend - but who will pay for it
Claire

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