Breach of court order?

[mineofuselessinformation]

Looking for some advice here....
Long story short, as part of the financial settlement of my divorce, it was ordered that xh pay dd's boarding fees.
Since she has started at the school, he has done nothing to support her despite the fact that for the most part she is happy and settled (apart from when she has been to his house).
His interpretation of the order at one point was 'it's only if I can afford it' (he can), which I put him straight on.
I am moving nearer to the school soon; the logistics of whether dd living with me is practical are unclear at the moment. Xh has told dd she might be able to live with me (without consulting me first).
Legally, would much be done if she no longer boarded? (Day boarding might be an option but much less in the way of fees.)
I gave up a significant amount of money to ensure she could have the same opportunity as her sister.
Any thoughts please?

I should add he is very resentful of paying the fees, nearly four years on from the order being made.....

Oh and thanks for reading!

Bumping in the hope of advice.....

Bump? Anyone?

Thanks SS. I'm glad to get a reply... I know this is a tricky bit of law.

He would need to apply for a variation in the order but it might well be granted if he has a reasonable argument eg fall in income
You would need to do same if you wanted housekeeping if she stays with you
Best to avoid legal action on this and negotiate to find a sensible solution that makes sure your dd education is stable.
Good luck!

He would need to apply for a variation in the order but it might well be granted if he has a reasonable argument eg fall in income
You would need to do same if you wanted housekeeping if she stays with you
But might be best to avoid legal action on this and negotiate to find a sensible solution that makes sure your dd education is stable.
Good luck!

Is he paying her fees at the moment? poor girl why on earth wouldn't you have her living with you when you are her mother - money shouldn't come into it!

Well RHB, that was a really helpful post.
I've been waiting for one of those.
Thanks for answering my question......

And you might find it helpful to do more than scan the OP and then make assumptions about what you think it said....

Thanks mfj, I hadn't though about him applying himself. Sadly, he won't be able to claim a lack of funding... He has just bought a new Volvo XC!

Well is he paying the fees or not?

RedHelenB - I don't think the OP asked about the ethics or otherwise of sending your child to boarding school.

Yes but she hasn't said if he is presently paying the fees as agreed and she HAS said that daughter has said that she could live with her Mum. If daughter wants to live at home then what she wants does come into it more than making the ex pay up for school fees!

I think the next time school comes up, I'll tackle him more than I do. (I usually shut up to avoid conflict.)
If he knows that theoretically he'd be in breach, he may think again and let dd get on with it without being manipulated.