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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12076
Experience:  30 years as a practising solicitor.
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Hi there. I hope there is anyone who can help me here. I have

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Hi there. I hope there is anyone who can help me here. I have a partner and he has 2 kids from his previous marrige. We have our toddler as well. My partner pays maintanence as he has too. He was not asking for any duscount because of our toddler but as I've seen online we should get discount. But not this is the maint thing. His other two children are in private school. He agreed he'll pay the school fees whyle the kids are in primary school. From this school year the older one is in high school and after I asked you many times he agreed he only pays half of it. My question is does he have to pay any privat high school fee by law? The reason I'm asking because he pays more than £1000 as school fee and maintenance and he can't afford it. His bank account is in overdraft for years and he cant pay the mortgage for his house. He scared if he tell to her ex he can't pay the high school he will loose his kids. Has he any chamce for that? Thank you for your answer. UK Scotland
Thank you for your question.
Firstly whether he can or can't pay school fees has no bearing on whether he gets to see his children or not so you shouldn't be concerned about that.
Secondly he is not bound to pay school fees unless there is a court order which says so or if there is a written Minute of Agreement whereby he is contractually bound to do so. All he is due to pay is child maintenance according to his circumstances and you will be aware that there are online calculators for that.
Obviously many parents agree that they will pay school fees but if the parent can't afford it there is no obligation to do so except as I have outlined above.
I hope this helps. Please leave a positive response so that I am credited for my time.
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