QLD Debt Collectors Chasing Brother for Private School Fees?

[amy p]

My brother has a daughter who goes to a private school & is unable to pay the school fees because he has filed bankruptcy. Now the mother has sent debt collectors after him, saying he has 7 days to pay.

He pays his child support so doesn't that cover school fees? He has seen his daughter twice this year, 4 hours on her birthday & 5 hours last Sunday. How can she be allowed to do that?

 

[Migz]

For starters what do the court orders say?

 

[sammy01]

Did he sign the school application forms? Is his ex going for half fees or all of them?

What sort of time does he want with the child? How far does he live from the child? Lots of questions...But the help you get will depend on the answers.

 

[Clancy]

The only way the mother could do that is if the payment of school fees was specified in consent orders and or court orders.

Possibly also if he has made a statement in the past that he will pay it, and the ex has evidence to that effect?

 

[sammy01]

Child support rules say something about how the parents planned to education the kids... So if the child was enrolled in a private school prior to separation then the payment of the fees is something that CSA would look at in determining that one parent needs to pay more than the set amount I've linked their rules below:

2.6.9 Reason 3 - High Costs of Caring for, Educating or Training the Child in the Manner Expected by the Parents | Child Support Guide

 

[Clancy]

Child support rules say something about how the parents planned to education the kids... So if the child was enrolled in a private school prior to separation then the payment of the fees is something that CSA would look at in determining that one parent needs to pay more than the set amount I've linked their rules below
2.6.9 Reason 3 - High Costs of Caring for, Educating or Training the Child in the Manner Expected by the Parents | Child Support Guide

My understanding of that is that one parent would not pay more than the 'set amount', but that one parent can apply to CSA to increase the 'set amount' based on those reasons. At no time does not involve the mother sending debt collectors after the father!

 

[Rod]

If the brother has agreed to pay school fees and entered into a contract with the school then he's liable.

If the brother told the mother he'd pay and she relied on the promise, he's liable.

Both become subject to bankruptcy rules I know nothing about.

 

[Cairns123]

I hope you don’t mind me asking:

If there is an agreement between the parents and it is put in the orders for private school fees to be over and above child support and not affect the assessments, is this accepted by CSA or will they reduce the assessment anyway?

 

[amy p]

There are no court orders. They've only gone through mediation when she was first born.

 

[amy p]

Child support rules say something about how the parents planned to education the kids... So if the child was enrolled in a private school prior to separation then the payment of the fees is something that CSA would look at in determining that one parent needs to pay more than the set amount I've linked their rules below:

2.6.9 Reason 3 - High Costs of Caring for, Educating or Training the Child in the Manner Expected by the Parents | Child Support Guide

They were never an item - just 2 friends that hooked up a couple of times.