NSW New Child Support Agency Assessment - Recourse on School Fees?

[Blowfly]

Hi all ,

I'm a divorced father to a son who is currently in a private school. I signed the enrollment forms 3 years ago when I was self-employed and my ex wife was fully employed. Since then, I have changed occupations and have taken a pay cut for a healthier work life balance with my new family, and my ex has gone from part time to a disability pension now to looking for work but scheduled to undergo surgery with a long recuperation period shortly...

I have communicated with the school last Sept that I couldn't afford my half of the school fees and needed to find other arrangements for schooling for my son starting in the new year. I received a reply stating that the school couldn't do this and wanted a meeting and they were scheduling this and would be in touch with a date... This didn't materialize.

A Child Support Agency change of assessment initiated by my ex last year to increase my payments resulted in me paying half of schooling fees until the end of 2016. Another change of assessment this year has deemed that financially, the private school fees isn't affordable by either of us. Since this ruling, I've received a statement of payment from the school and my ex wife hasn't paid any school fees this year.

I have contacted the school again and reinforced my financial position several times this month and am awaiting on a response. My ex has stated that we both are required to terminate the enrollment and she isn't interested in doing this...

What are my options?

Is the school able to ignore my financial position and put me in a ongoing headlock for the next few years with the debt growing daily ?

Thanks

 

[Lance]

Hi,
I'm not sure if you have done this but make sure all your communication to the school is in writing. It sounds like you need to head into mediation to thrash through the matter again. Have you spoken to the CSA to see if they can redirect your payments directly to the school (I'm not sure this can be done), but it would make your ex change her stubborn ways.

 

[Blowfly]

Thanks Lance

I'm scheduled for mediation next week but the biggest drama is getting out of the schooling contract without the exs signature because she is expecting me to pay for this and I financially can't ... the school doesn't care as they will start legal action to recover costs from me ....

Hi,
I'm not sure if you have done this but make sure all your communication to the school is in writing. It sounds like you need to head into mediation to thrash through the matter again. Have you spoken to the CSA to see if they can redirect your payments directly to the school (I'm not sure this can be done), but it would make your ex change her stubborn ways.

 

[Lance]

You obviously can't remove your child from the school with out your ex's co-signature. So I would write to the school and explicitly inform them that you can no longer afford to pay the schooling. I would Advise them the amount that you could pay and if this is not satisfactory they will have to cease educating your child. I don't believe they can legally keep billing you if you have informed them it is not financially viable for you to do so. Normally this would be the point when they tell you your child no longer has a place at the school and they wish you well for the future. I would include that if your ex-wife will not authorise the release of your child then all future school billing is to be forwarded to her. If the school wishes to take legal action after this communication, at the very least the magistrate will see you have been placed over a barrel and had no option.

 

[sammy01]

ok so the ex isn't paying her half?
If you don't pay your half - what then...
Book a meeting with the principal. Ask to see their rules around payments. Surely if you fall far enough behind they will revoke the enrolment.
My concern is that IF the ex don't pay they will come after you for her half of the fees.