When couples whose children are privately educated separate, an issue may arise as to who should continue to pay the school fees.

Such fees would not be included within child maintenance payments and so not dealt with by the Child Maintenance Service. Parties with a direct agreement as to how much one parent pays to the other by way of maintenance each month though may include school fees within their agreement.

If an agreement cannot be reached between the parties directly, attempts could be made for this to be resolved in mediation or other forms of alternative dispute resolution.

Married Couples

 If ADR is unsuccessful or not appropriate, the family court (where the parents are married) has the power to order a parent to either pay in full or contribute towards the fees.

Unmarried Couples

 If the parents are not married, the court can also make an order for school fees under Schedule 1 of the Children Act.

If you require any further assistance in respect of the payment of school fees or financial matters arising from separation more generally, our family solicitors are based in Wolverhampton, Cradley Heath and Sutton Coldfield and serve clients across the West Midlands. For all new enquiries, complete our online enquiry form and a member of our team will respond, or please call 01902 328 365.