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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Divorced but now facing school fee issues....

70 replies

discolegs · 31/01/2016 11:39

Dear all, hoping someone might be able to help/advise on this seemingly complicated issue I am currently facing. I'll try to be as brief as possible! My pound sign on my keyboard is not working so apologies for just figures!

I divorced my ex husband last April 2015 - all very amicably and we have remained very friendly. We have two amazing children, age 8 & 7, who we share 50/50 therefore I am not paid any maintenance. Due to my ex's career as a school teacher within the private sector, he receives a sizeable discount on the children's education. When we split up both children were at private prep school, I was working part time (to enable dropping off and picking up of children from school) and earning 15k whilst he was earning 45k. In July 2014, he agreed to pay for the school fees for the winter and spring term 2014/15 but I would have to pick up the fees for the summer term of 2015 which I did, 1500 a term. Moving forward to last year, my ex applied for and got a new job as he was miserable in his last position and was offered a position in a different county working at one of the top private senior schools in the country. My now partner and I made the decision that we would relocate to allow the 50/50 access for the children to continue. This was at great cost I must mention as we had to move to one of the most expensive counties in the country.

When my ex-husband was offered the new job in May 2014, whilst discussing the implications of the move, on all of us, he stated that he felt it would be outrageous if I didn't go back to work full time once we'd moved. However, I was very worried/concerned that as a mother my first concern was the children would need me whilst they started their new schools and settled in etc and I didn't want a stranger having to pick them up. My ex stated he thought I was being ridiculous and that children were very resilient - they would be fine. One thing I am not is work shy so as soon as we had relocated I duly landed a full time job that would start early september but due to the nature of the job (my career is estate agency) I would have to work every other saturday. To cut a long story short, two weeks before I was due to start, my ex virtually demanded I turn down the job to enable me to be there for the children and to make sure I could to do picks ups etc as his timetable was going to be so demanding. He also felt that my job would be unfair on him as in holiday time he would not get any off time and every other saturday would need to be catered for. So I turned it down. At this point my ex stated that as a trade off he was prepared to pay all of my son's school fees for that year roughly 5000k. My partner and I struggled for the next couple of months financially as we had budgeted for me to be working. I must add that my ex and I share all the costs for the children 50/50 (apart from the fees at this stage) and my ex was not interested in the fact that I was finding money tight in September/october, he said that wasn't his problem. Things got desperate in October (partner had been put on 31 days notice for redundancy) so I managed to get a job, full time, paying 22k but with no saturdays. I also now have to pay 250 per month on childcare so that my daughter can be picked up from her school at 3pm. My ex does not contribute to this.

We are now 2016 and my daughter is set to join her brother at the prep school this september. My ex has stipulated that I am to pay her school fees which are 5000k a year - roughly 450 per month whilst he pays for my sons. Here is where I am floundering. I would love nothing more than to pay her fees however, I am getting constant shocked responses from friends and loved ones who are saying surely the payment of fees should be worked commensurate with my ex and my salaries? As I say, i take home 22k and my ex is roughly 45-48k. He doesn't pay rent as his employers gives him accommodation. I have not made any claim on his money before or after our divorce nor his pension. I also pay him 50 per month for my part of the divorce as he paid for outright for it to be done online...

My ex's argument is because I live with my partner (who has 3 teenage dependants and an expensive divorce in progress) I am in a better financial situation however this is not the case. The rent we have to pay due to relocating to accommodate my ex's career is very expensive as are the bills that come with it. We managed to secure the smallest/cheapest property we could but the rent is still madness. At the end of the month when all bills etc are paid we have 1000 to live off. Take 450 out for my daughters school fees etc and I am fearing we will go under. The obvious solution to many and one which I am sure a judge would say is take the children out of private education however partly the reason my ex changed career to become a teacher was to enable us to educate them privately due to the discount....

I would be so appreciative of any unbiased opinions. As I say, my ex and I, are at the moment very friendly but I fear a lot of that has to do with the fact that I always bend over backwards to accommodate his situation. If I ever disagree with him or challenge his views the relationship quickly changes. I also fear that if we fall out over this, the children will suffer however, on the other hand I do not want to be taken for a mug. I desperately want to pay what i can but I'm frightened of going bankrupt :( I cannot afford a solicitor at the moment so totally unsure where I stand. I hope I have covered everything, my apologies for the essay!!!

OP posts:
discolegs · 31/01/2016 17:02

Fourormore - sadly I do... Again, its the trade off with him paying my son's school fees.

Good idea regarding household finances.... That might make the point more clearly.

Madison M - I not currently paying for school fees. I'm due to have to pay #500 deposit tomorrow for my daughter starting in September 15 then it'll be 450 per month going forwards from then. (I will be fair in saying my ex did offer to pay 250) of this deposit as I said I didn't have it all yet... He's not a total b**rd all the time ;). But I will have to cover the cost for the entirety of her education....

OP posts:
starsinyourpies · 31/01/2016 17:05

It's not 50/50 if you are doing the pre school shift even on the days he has the kids OP!

RandomMess · 31/01/2016 17:12

Woah hold on, this is far worse then you first let on.

You provide free childcare for him on his days. That stops -that is yet another barrier to you earning more!!!

He pays for the childcare he needs and you pay for the childcare you need.

I think you need to utterly resolute in that you can not afford any school fees on YOUR income for YOUR children and if he wants them to have a private education he will have to pay for it.

He is so bullying you into facilitating he lifestyle. What has actually changed by you divorcing, it isn't amicable you are merely continuing to appease him...

Don't waste your time and money on a solicitor there is no court out there that would insist you provide childcare in his time or make you pay for the DC school fees.

rookiemere · 31/01/2016 17:20

Discolegs - you can't afford 450 pcm on your salary and you've said that you are perfectly happy for your DD to go to the local primary. So don't pay the deposit.

Far better for your DD to start and stay at the same place than commence privately and then have to be moved when relations break down.

There isn't a hope in heck that you can manage this situation amicably until your DD is 18.

Fourormore · 31/01/2016 17:21

I wonder if mediation might be a way forwards for you.
Nobody can afford private school fees on a £15k wage and he is putting demands on you that limit your earning capacity. He can't have it both ways.

discolegs · 31/01/2016 17:31

I can't tell you how helpful you've all been, thank you. My other half has just read your responses and looked at me as if to say 'I told you so'. Dreading the next step but changes have to be made.

I think a lot of my trouble is because I decided to end the marriage as my ex refused to see we had problems until it was too late, so I now try to keep the peace, perhaps out of guilt. Things are clearly going to have to change.

Will keep you informed. Again, so many thanks :)

OP posts:
TheTigerIsOut · 31/01/2016 17:31

I think you need to bite the bullet, stop babysitting for him and do not send him copy of your household finances, that is no fucking business of him is he is not paying spousal maintenance. You and your partner have bent yourselves backwards to accommodate a huge amount of unreasonable requests, so you don't need to go the extra mile to please him (you have done and he is just demanding more).

Personally, I would follow Bertrand's advice, tell him that if he wants to keep the girls in private school, that's ok with you but you cannot afford the fees, and mostly, that you won't allow him to call the shots when it comes to your job.

If he decides he wants to keep them in private school make sure he provides you with something in writing explaining he will be taking care of the fees and send a copy to the school (my exh told me he would be taking care of school fees and a year later the school contacted me to tell me we owed a year in arrears. ExH then insisted that as it was a debt acquired under both of our names I needed to pay half of it, fortunately my solicitor could manage to force him to deal with the debt himself, but that was only possible because I had a written record of it, and it didn't come cheap when it came to solicitor fees!).

Lightbulbon · 31/01/2016 17:38

Omg!

You've been royally screwed!!

A divorce without your own lawyer?! Is that even legal? Can you challenge it?

He sounds abusive and is carrying on that behaviour post split.

You are actually doing his mornings for him and call it 50/50.

I think he's been gas lighting you so long you can't see what's reasonable and what isn't.

He's using this private school issue to continue to control you for the next 12 years. Don't let him.

Forget the school and limit how much your dcs are exposed to his selfish behaviour

discolegs · 31/01/2016 17:41

Bloody hell TheTigerIsOut, that must have been hell :(, poor you. I find myself infuriating as I am usually such a tough cookie but ex-husband really knows how to get under my skin and manipulate me....

You've hit the nail on the head, and its always been the same. No matter how much you give him, he'll keep demanding more and its never enough. Things are going to change...

Thank you :)

OP posts:
TheTigerIsOut · 31/01/2016 17:53

yes, and remember, no matter how much you do for him it will never be enough. He will continue to blame you for everything that goes wrong with the DDs so there is no need to keep trying hard to show him (and the world) that you are a reasonable person and a good mother, not the selfish bastard he portrays you as.

Remember, the people who know you well won't believe him, the people who don't,.. don't matter.

TannhauserGate · 31/01/2016 18:45

Goodness, I cannot imagine why he is your ex!

You need to stop doing childcare on his days, as that will help with you being full-time at something. If he didn't like someone else collecting the children, why the hell didn't he collect them himself?

Sadly, I think the outcome will be that your DD does not change schools, and your DS remains in his prep, and the inequity of this situation will always be blamed on you.

SavoyCabbage · 31/01/2016 19:26

Do not pay that deposit whatever you do.

As my mother would say "he's got you for a skate". Even if you weren't divorced you are making all of these sacrifices for him and he doesn't give a hoot about you.

Another thing to think about is the further disruption for your dd. I've dragged my dd around the world and she has just started a high school where she didn't know a soul, not in September with an Australian accent. And she's loving it, so I'm not saying children aren't resilient because they are. But your dd has been through a lot of changes and perhaps it would be better for her to stay at the school she is at for now.

starry0ne · 31/01/2016 19:53

There are lots wrong with this if I have read it right you are paying him £50 a month for a divorce he completely controlled.. my best guess is you were financially screwed there too..

Be clear you cannot afford school fee's and will not be paying them if he wants his DD to go he pays them...

As for how many hours you work...None of his Dam business...Stop answering him... If you want to and can afford to work part time that is between you and your partner not Ex..

As for having the children before school... Your decisions.. You may want to do this so you do see more of your children... So you can continue if you want to but do not let this be a barrier to what you want...

I think you were crazy to relocate and think you may need to rethink this is time...

50/50 care only tends to work really well when both parents are on the same page or completely separate and respect the other parent

IguanaTail · 31/01/2016 23:47

Bertrand is spot on. Tell him that. He cannot force you to pay. And you must not pay because you can't afford it.

If he wants to take out a personal loan then he can.

If he was telling you you had to get private medical care you would think he was mad.

zipzap · 01/02/2016 00:07

Argh just lost a long post.

But basically - your ex-h has used your lack of solicitor, want to remain friendly and maybe your guilt at being the one to split to screw you over royally and at the same time leave you thinking that you have had a good deal, that you are friendly plus making you dance to his tune when it comes to major things that affect your everyday life like where you live, childcare on his terms, how and when you can work and more... SadAngry

If you were both married then you should have had joint assets - and if he had enough for a solicitor then you should have done too, from the family money.

Sounds like he has still managed to be financially abusive to you still the way he juggles his demands on your time and money...

If he has arguments with you about 'don't you care about the dc' or similar, work out in advance ways to turn the argument around back to him. So yes, of course I care. But you are the one who is not caring about the children because you expect me to pay a third of my gross salary for their education whilst you are only prepared to pay a ninth of your gross salary. You're the one that moved - and I've had to spend thousands to move to be close enough to you for the dc to go to your school (or whatever it is specifically) that you haven't contributed to and have reduced my savings so that I don't have the money to pay towards their education. The dc are going to see that it is you that is being financially abusive when they are older and are going to see that you don't care about them or their life.

Cabrinha · 03/02/2016 04:33

Amicable and very friendly OP?
Fucking hell.
There is nothing amicable or friendly about this man.

But you need to take responsibility now for not shafting yourself.

Why on earth have you even let him claim the CB?!! If you split up with your new boyfriend (which let's face it, happens frequently) you are fucked.

50/50 care. You should be getting the CB for one child. You know that you can claim it, even with your boyfriend being above threshold? He just needs to then pay it back through his tax return (at this is how it is for married people - not sure on boyfriend).

Half the CB that you have just GIVEN to your ex is more than this £50 a month that you're paying for the divorce.

And WTF is that about, and how long have you been paying it?!

I very curious as to whether you got full financial disclosure from your XH during this online divorce.

This pension that you walked away from - what was the CETV? If you don't know what I'm talking about, then either you didn't bother to read the paperwork or you didn't have full disclosure for your Consent Order.

GO AND SEE A SOLICITOR.

You can challenge a CO. You are very unlikely to win a challenge I think, but find a form who have experience in challenging and talk to them.
www.blanchardslaw.co.uk/blog/how-do-you-challenge-a-financial-consent-order/

I don't know if a solicitor would do this, but I'm wondering if, even though you may not challenge, a solicitor would write to him telling him that you were unduly influenced by him, shafted, considering appealling the CO - and in the meantime, xyz.

The XYZ being:
No more 50 fucking quid a month!
No contribution towards school fees.

Even without a solicitor, I would tell him the following:

  • you and I both know you screwed me over royally on the divorce
  • I gave up pension
  • I have given up half CB
  • I've moved because of your move, at personal immediate and ongoing cost
  • I provide your childcare x days per month
  • I'm paying you for a divorce that fucked me over (btw you've likely already paid your half of court fees - how do you feel about paying half of the fees for a solicitor that fucked you over? JUST STOP.
  • you limited your earnings to give him Saturday childcare

So look - just stop.

TELL HIM NO.

  • Get a job that suits you, earn your potential.
  • Stop going to his place at 08:00
  • Stop paying the £50
  • tell him that you will consider paying half school fees at a later date dependent on your earnings, but it will not happen in the short term, and it's dependent on you being able to progress your career - hence no longer working as a free childminder for him

Take the short term pain. Or rather - don't take it. You're not married to him any more. You don't need to listen. ANY whining from him, be a broken record "I'm not discussing this again". Or even "we both know I let you shaft me financially in the divorce, so I think the money side of things is covered, don't you, arsehole?"

You really really need to take responsibility for your actions though.

Otherwise, what are you going to do next time he changes job? Or tells you (FFS) what job you can have?

If he didn't show you all the financial info, or if he bullied you into not seeing a solicitor at the time... Threaten him with appealing the CO.

Show him that actually, you do bite.

43percentburnt · 03/02/2016 05:53

I agree with previous poster, he has totally screwed you over.

You say you are not a money grabber - I wonder if this was an accusation he once made - I agree you have done everything to show you are not. Your ex is however a money grabber.

Quick calculation - Child benefit for 2 x children is approx £1600 per annum. (Your ex pays 40% tax so the 1600 is 'worth' approx £2500 extra gross income to him per annum). (Sorry about approx, I am sure you can calculate exactly). He is only paying £3400 for the school fees after the cb is taken into account! Plus you cover his childcare costs in the am. Plus your dd costs of £250 in the afternoon (£3000 per annum - not that dissimilar to his £3400 however I bet he makes out he is doing you a favour financially).

Are you claiming childcare vouchers for dd childcare? I really hope you don't give ex the £250 cash and he is paying by childcare voucher - this wouldn't surprise me (I have seen this happen).

Stop feeling guilty, he sounds like an absolute money grabbing cock. Don't show him your family finances, it's none of his business. I personally would look to relocate back to where you were - take legal advice about how this would impact on you having to ferry the children to him (ie would it be seen as your choice to relocate?).

You need to toughen up, he'll blame you for all that is wrong with his life anyway!

43percentburnt · 03/02/2016 06:06

One further point, if you were in his shoes (earning 48k per annum - bet he is telling porky's on that too!) I bet you wouldn't expect to pay half the fees, I bet you'd be convinced to pay them all. Especially if you had no rent to pay. Quick calculation rent of £600 per month = £7200 per annum (net income) saved, this perk is equiv to him earning an extra £12500 gross per annum (and not being eligible for child benefit).

Nottodaythankyouorever · 03/02/2016 06:36

A divorce without your own lawyer?! Is that even legal?

Of course it is!!!

IguanaTail · 03/02/2016 06:37

He will be on more than £45k at a top independent secondary school. Have you looked up to see the reduction on fees he is given as a staff member? Or did I miss that bit? Typically there would be about 30-60% off.

Devilishpyjamas · 03/02/2016 06:46

Agree with everyone else.

Find work that suits you. And do not pay the school fees/deposit. If he wants private for both children he'll have to pay for it.

Gobbolino6 · 04/02/2016 14:38

It's only amicable as long as your ex gets his way. You've relocated, ffs!

I think in your position I would send your DD to state school. The bigger issue is learning how to stand up to your ex.

Elsiethewonderhorse · 08/02/2016 22:24

He is wrong. He is also incredibly selfish and you are allowing him to float through life whilst you clear the way and tidy up at the rear!! It is totally unfair to expect you to pay 1/2 the fees. Frankly, if he's earning 48k a year and living rent free he can afford to pay for schooling. Your input should be in being the mother who is there for them after school, activities, holiday time etc etc. You need to stop allowing him to have everything his way suiting his own agenda. The children are first not him. Good luck x

RedHelenB · 22/02/2016 08:34

If you cannot afford private school for your daughter than it isn't fair to keep paying fees for your son either. I would make that very clear to your ex.

Ins3cth0t3l · 25/02/2016 19:31

He is your ex

He has no say where you live

He has no say where or what hours you work

I would contact the solicitor directly and ask what the £50 a month is for and how much longer you need to pay
Why cant you pay the solicitor directly ?
Also for a hard copy of all the divorce paperwork from the solicitor

Can you really afford private education ?

If he has the children why can he not arrange child care at 8am

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