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!

Honestly? C

I imagine your benefit is taxable. It's a benefit of your job, not his.

So apply the discount to your portion of the fees.

C - it's your discount

*The court has ordered the fees (whatever they are) to be split 50/50.

If you don't agree with this (and I can see why you wouldn't) then you need to go back to court.*
I think this is the case, but I'm not an expert, and as its a court order I'd suggest you get legal advice - not for you to interpret as you think fair. Not sure it was such a fair split in the first place if you've been earning less, but its still the legal statement, and you have to follow a correct interpretation, or go back to get it changed.

Interesting information from NeedsAsock. Whatever you do OP, be sure you are abiding by the terms of the court order. Presumably your XH will find out about the discount so at some point it will need to be explained.

I'd do C. Can't school split the fees and bill both of you for your respective halves? Yours is covered and he gets a bill for his portion owed? Agree with others, how you pay your share isn't his concern anymore. Arguably, the fees are still the same as they always were and hence X pays his fair share. Your employer covers your 50% portion in return for your work, it's part of your remuneration.

I'd double check with a lawyer, to be honest. I'd want C, but you need to make sure so you don't end up with A.

Further info (sorry I've been researching) - it's not a taxable benefit but I am being paid less than an equivalent role in a non school setting.

A reduction is school fees for staff is not a taxable benefit following the Pepper vs Hart case.

Sadly I think A applies although you may b=need another court order to get him to pay childcare costs as they weren't included in the original agreement.

A but you could ask if you could split it more in your favour. 🤷🏻‍♀️

Further info (sorry I've been researching) - it's not a taxable benefit but I am being paid less than an equivalent role in a non school setting.

I think that's less relevant than knowing if your colleagues at the school get paid more if they don't take advantage of the 50% staff discount. I'd guess they get paid the same. 🤔

Are you sure that it is not a taxable benefit?

School fees and reductions are a taxable benefit. So if it isn't your employer must be paying the tax on it for you. Have you checked this out fully.

C without a doubt.

It's a perk of your job. You are still splitting the fees 50:50. Your half is a benefit you have through your employment, you're technically still paying. Nothing changes for him.

Based on that why should you pay for all the holiday care?

C is your current arrangement - 50:50 fees and 50:50 holiday care. Your 50% is being paid by a benefit in kind by your employment. Nothing to do with him.

Your discount is part of your job package so yours. But I'd consult a solicitor to ensure it fits the terms of your financial agreement just in case he tries to claim back.

Sounds like it is part of your salary to me. It's a way of getting more for less tax isn't it?

You need to seek legal advice.

But I think you'd be a bit of a prick not to share the discount tbh. If the situation was reversed, I highly doubt the majority of MN would advise the man to keep the discount for himself.

And as someone upthread said - if they didn't offer this discount then they might have to pay higher wages. It's for your benefit, not his!

Doesn't matter what is fair in your mind, anything other than simply asking for half the actual fees (including any discount) without any other ties is fraud.

Consider what would happen if you got 100% discount - it should then be obvious you would not be able to pocket the 50% - and that should make it obvious you cannot at 50% either.

As an alternative, if you had the job when the agreement was made, would you anticipate paying 75% if you gave the up the job? Didn't think so.

If his parents were to pay towards the school fees, would he use it to reduce your bill for the year? No. He'd use it for his side. This is no different.

Part of your salary package, so C.

Doesn't matter what is fair in your mind, anything other than simply asking for half the actual fees (including any discount) without any other ties is fraud.
Fraud according to the law? Are you sure?

But the point is the school isn't offering a discount on OP's share of the fees but on the whole amount. I think it is tricky and can see why people think it should be OP's share only affected. Certainly seek legal advice on this. I'd say if the agreement is 50% each on fees payable then the discount must be shared and thus each person pays 50% of the discounted fee.

It's part of your salary. Not a reduction in school fees.

Reduction in school fees......share it.
A deduction from your monthly salary......keep it.

It's part of YOUR job
I assume you wouldn't have access to his company car if he had one.

Your 50% discount covers your half because it comes with YOUR job.

You should really continue to split the holiday childcare.

That way if you change jobs the only person with a change in circumstance is you. His situation doesn't change

Just come back to the thread after school run. Hereward is correct - Pepper v Hart takes me back to my pre child days...

As I said up thread if the 50% discount is wholly to cover the incidental costs of educating your child then that is a discount you should be sharing with your ex no matter how unfair it seems. If however, part of that 50% discount is a salary sacrifice then that element of the discount should count as part of your contribution to the fees. I really would try and have a reasonable discussion with your ex first OP and see if you can come up with something you can both agree on. Otherwise could you threaten to send him a bill for half of the days you have looked after your dc during each and every school holiday thus far on the grounds that you could otherwise have done other work?

C, it's your benefit. I daresay your settlement for 50/50 says that you each 'contribute' half. You are meeting that requirement albeit with an employment 'perk'. The point of 50/50 is simply that the other parent doesn't pay MORE than 50%. Not that they never pay more 'cash' than the other parent. If Rich Auntie Maud volunteered to pay your share of DC school fees would you think that you should write your ex a check for half of Auntie's contribution to 'reimburse' him? Nope.

To look at it another way, if I worked 'in kind' at the school to reduce my payment by the hours I worked, I certainly wouldn't expect my ex to get part of that 'credit'.