Section 1 Children's Act for school fees

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Has anyone applied successfully for it? Is it given in addition to spousal maintenance? And is it for the entire period the children are in education? I'm almost out of options. We're due to move and all the state schools are full for in year applicants.

Dd1 currently is in Prep and the plan was dd2 was to follow in 2018. I cannot afford the fees without help right now, I've only recently started working part time after 6 years as a sahm. And we wouldn't be eligible for bursaries due to stbx earning above the threshold, he has various other assets too.

H is refusing to continue paying school fees as according to him we can't afford it. He's blackmailing me. Says he won't pay if we move closer to family 50 miles away. But he's willing to pay if I keep the girls here. He's a twat of the highest order. The irony is that he's not even planning to stay local as he will be moving back to London. But he must continue to exert his control over us from afar. Solicitor says that I would be likely to get it given stbxh' high income.

I think it is Schedule 1. In general yes, school fees (or education) is definitely something that is covered in its own right, besides child maintenance, housing fund, and capital purchases (e.g. car)

As far as I know, you would have to demonstrate that he has an income greater than the CMS threshold (around £150k per annum?) and that he can afford the fees.

You'd also have to show that there was intention for your children to go to private school prior to the application

I don't know how schedule 1 works post divorce, or if it's applicable - in my case I was unmarried and have a child.

Timeframe is usually 2/3 months for financial disclosure through form E1, then mediation or solicitor negotiations, and if no agreement then court. It will definitely take months, assuming he is not cooperating.

One thing that my sol has suggested is that if I sued my ex for solicitors fees (which is possible due to precedent cases), it gives the ex a massive incentive to settle faster...

Ultimately he is a selfish twat who is putting his own wants above his children's needs. I can afford the fees if the kids don't move but otherwise no? What a dick. save all your correspondence on this and use it to support your case. Get it in email/text/paper

oh and to answer another question yes, it can cover all education need up to tertiary.

of course if he loses his job or has a massive change in circumstance he can apply for a variation for the support to stop.

Solicitor also said that it is usual for the ex to pay the schools directly, rather than to the primary carer who then pays the schools.

We have yet to divorce, decree nisi has been granted and we're just about to put forward proposals. Unfortunately he is just shy of the 150k mark but like I said has assets shy of a mil which are ringfenced.

The intention is there as dd1 already attends a prep school. My issue is really getting him to agree to pay the fees once we've moved.

He's been quite cunning to not put anything in writing. I'm very frustrated on the girls behalf as on my salary alone as a single parent, we would easily get a bursary. He behaves badly, I'm forced to divorce, the children miss out whilst he keeps the majority of his income and assets intact.

YY on the selfish twat front. I was aware of that already. It's been a hard long slog. In this case I don't think I can sue for costs as we're still living together and the legal costs are coming from joint funds.

Thank you, I will clarify with my solicitor after he's gone through his disclosure with a fine tooth comb. I haven't dealt with the CSA, obviously as we're still in the family home and he's paying for the children. I do hope he comes to his senses, otherwise it's going to add costs to my already tight finances. We are mediating and threat of going to court is starting to focus minds a little. I hope we don't end up there but if needs must then i will start the process.