to not split the discount?

[schoolsaving]

Regular but NC as outing.

DS currently attends private school and fees split 50:50 with XH amicably but specific line 'school fees to be split 50:50' is in financial order. No maintenance paid as 50:50 care and clean break split with us i.e. no further claim on each other. Further relevant info is that since split I've reduced working hours and covered school holidays and XH has continued to work FT.

I've got a new full time job which includes 50% discount on school fees. Which of the below scenarios do you think is fairest?

A: fee discount reduces both our share and we split the cost of additional holiday childcare
B: fee discount reduces my share to nil and I pick up cost of additional holiday childcare
C: fee discount reduces my share to nil and we split additional holiday childcare

Thanks!

It's your employment perk, not his.

Check with a solicitor because this is something where you really need your arse to be covered, but buggered if I'd willingly share - he is already benefitting from you doing incresed childcare during the holidays. Frankly I'd be putting a stop to that too!

It is a bonus of your job. By working in your job, you are earning the fees same as if you were earning money and handing it over. It is nothing to him how you come up with your half of the fees. If you father decided to pay your half of the fees would you feel like sharing that with your ex? Of course not. And how do you know that his job hasn't a similar scheme?

It would be different if the school offered a discount on half the fees - that should be shared.

Where I live, you'd be taxed on this as a benefit in kind so if you hand over half the discount you would be worse off as you are paying tax on the whole benefit.

I think you need legal advice definitely, but it seems fair that you get the full discount - it's like a bonus in your job, which you work for and have changed roles to get - he hasn't done anything to generate the discount.

If he kicks off about it you could always say that as he is looking for half of your discount/bonus, then it must be written into your agreement that any bonuses or increases or non monetary benefits he gets in work need to be split 50:50 with you too...and hopefully watch him back off sharpish.

It would be different if the school offered a discount on half the fees - that should be shared.

What I mean is that the school offered a discount based on your child's performance or needs. If the discount is offered because YOU work for the school then that is your discount - they offer it to attract people to work in the school. your ex does not work in the school.

I agree with the comment that this is your employment perk, and you will be taxed on it somehow.

What if you leave the job?

I've changed my mind to C now with all the job bonus/company car posts.

fwiw fee remission for children of staff is (normally) not taxable. The government assumes that the marginal cost of educating an additional pupil is 15%; as long as more than 15% standard fees are being paid, there should be no additional tax due.

I would think A

Maybe ask him and see what he thinks?

Definitely not C, that would be totally unfair.

I think A.

unless you are obliged under law to share YOUR employment perk with him - DON'T!

Just imagine the hassle you will have getting him to pay the increased rate if you lost your job and the perk!

It's your discount and is a benefit of your job so you should get it. If the job benefit was free medical insurance, he would not get half. However, as you're now working full time and you'd agreed you would be doing holiday cover, and you now can't, it might be that you do need to pick up the cost of paying for childcare over the holiday as YOU are changing that part of the agreement. If, however, you always just did holiday cover for yourself and not as part of your agreement, then I'm afraid he'll have to go back to paying for hs share of that now that you're working again.

Having said all that, I think your relationship is to be considered here as well. So, if you think that it would be better to at least share some of it, you could offer to do more of the childcare cover as a gesture of goodwill and while you can afford it.

What is his response likely to be?

Actually, I take it back. Why do you need to give him a gesture of goodwill because you're, in effect, earning more money? If he gets a big raise or a bonus you would not expect him to start paying more would you? At least, not based on what you've said your agreement is.

In which case, I think you should get the discount (as a benefit of your job) and holiday childcare should be split according to whatever you agreed originally (i.e., if you had always said you'd do it because you worked part time, then yes, you need to pay. If you've been doing it for a while just because, then he needs to start paying half while being grateful for the free childcare over the previous years).

Pallisers Is correct (I'm an accountant) - you are earning the fee remission, and will be taxed on those earnings, therefore C is technically the right answer. Even if he took this to court to try for option A it would not go in his favour - how you choose to pay your 50% is not his concern.

WorkingBling

But isn't the point that if he were to suddenly earn more money, she'd be entitled to a share?

Is it really 50:50 care if you have been covering more of the school holidays?

The fee discount is part of your renumeration, which he has no claim on. So C. He's been lucky to have you taking on holiday childcare for years. He really shouldn't complain.

If school fees are split 50/50 then surely the amount due once discount has been applied will reduce his liability also?

You should split the discount with him, anything less is an absolute piss take on your part and makes you a bit grabby.

Yes it's still 50:50 care as I cover the daytimes and he goes to XH at teatime on his nights. So we have 50:50 nights. I love spending time with DS so I don't see it as doing XH a favour but he does get a benefit

Totally c. The school discount is part of your job perk, it's nothing to do with XH. If DC had a scholarship reduction, obviously you'd split that, wouldn't you? So that should make it clear that this discount is on your side only.

Myheartbelongsto ouch - is he not grabby if he wants his liability reduced by me getting a new job?

This is a no brainer. This is a perk of your job. Instead of getting 5k extra a year, your employer has opted to pay for your child's school fees. It has nothing do with your Ex and is not part of your divorce settlement. You ARE still paying the fees. It is only that the fees are not coming from your monthly salary, but are part of a perk or benefit that you are entitled to as one of your employment conditions.

Don't you DARE split this with him. Unless your are happy to split the rest of your salary with him. Or he is happy to split any bonuses with you.

@sharksden - as I understood OP, she is NOT entitled to any additional earnings. The costs for DS are split 50/50. Earnings etc are irrelevant to that.

hedgehog that's unlikely to be correct. The school will bill the staff member 50% the standard fee. Pepper v Hart (1992) ruled that the bik was not the discount, but the marginal cost of educating an additional child, generally considered to be 15%. As long as more than 15% is paid, it is not taxable.

So in this case, the letter of the law would state that 50% of the standard fee is to be split between the parents. This is not really equitable as the reduction is only given as OP works at this school; she could arguably earn more elsewhere. As Ex will find out anyway when he sees the bill, far better to persuade him of the benefits and go for option B than back to to court.

The agreement is school fees are 50/50.

So, he also benefits from the discount.

It's there in black and white isn't it.