Private school chasing me for ex's outstanding bill

[KatieBw]

Can anyone advise me re this? I have always had a very difficult relationship with my DS's father, who is very rootless and obstructive & continually took me to court for years over access, money, vexatious allegations he used to make up!! He has always had an opt-out approach to money and I have pretty much supported my DS alone. My DS is now 18 and has been in a local (state) college for A levels. My ex used to sign court orders and then break them immediately, so for example the last time he took me to the family court, he signed an order agreeing to pay half my sons school fees. The following term he decided our DS wasn't doing enough HW, so didn't pay the fees and my son was asked to leave until I did. My ex then didn't speak to our DS for 8 months (he was 13). When my DS was 15 I moved him to another private school and occasionally my ex would give me a cash contribution towards fees. I kept a spreadsheet of who paid what and I paid the VAST majority (as well as everything else, he's never paid maintenance). In the final school year, my business started to fail and I was struggling to stay afloat financially but I needed my DS to finish his GCSEs..my ex wouldn't pay towards the final two terms and whereas previously I'd made up the shortfall, now I couldn't. I had kept my ex off the paperwork for this final private school, even though I had the signed order which stated he agreed to pay half, they would only chase me for the money he owed. I have repeatedly asked him to pay but really no point (he's just walked out on his second family and has no assets). The school instructed lawyers to chase me but then went quiet on this after I explained I'd had to liquidate my business and had no money. However they've been back in touch and want to pursue and I feel utterly lost. I've had a financial knock, haven't really worked for a year & am not overjoyed at being landed with my ex's bill. (And just to add, the school was terrible, my son got into drugs there and got maybe 4 GCSEs, it's been a hard lesson to learn!). Does anyone have any advice re how I can handle the school or if I have any legal grounds for them to chase HIM rather than me, without it costing me more £££. My DS left this school in June 2018. Any advice gratefully received 🙏🏽

Of course they can chase you! The agreement he will pay half the school fees is between you and him. It's nothing to do with the school. You agreed to pay the school.

The school will be chasing you because their contract is with you.

Could you ask the school to agree to installments? Suggest an amount that you can afford. They would be in a better position to agree affordable repayments with you now than issuing proceedings to recover it, as I inagine the court would also order installments to be paid.
Then consider pursuing your ex with the agreement that he would pay half. However given his track record, you may end up putting it down to experience as he seems unlikely to pay particularly as he has no assets. Does he have a job at all? If so you could look at enforcing a judgement.

The school can chase you then you need to issue legal proceedings against Ex....

I'm afraid as you signed the contract, they will pursue you. You have broken the contract with them.

On the other side of the equation, you also have a right to pursue your ex for his half of the fees. He has broken a contract with you.

As your ex has no money, you won't get anywhere. But neither would the school - as you must know.

I understand you want them off your back but you are solely responsible to the school, unfortunately, as your ex did not sign.

Offer them a payment plan, even if it is insultingly small - you need to do this so that if they decide to take it to court, you can show that you have tried to negotiate.

How you can write that all down and then describe it as "ex's bill" when:
i) you were the one who moved schools
ii) you are on all the paper work and have engaged with the school
iii) you clearly haven't been transparent when first moving schools and included ex on paperwork and made school aware of the legal arrangement to split fees

Regardless the contract would have probably held you both liable, similar to a joint tenancy where they would chase you both for the money. But of course they have only legally dealt with you only.

I think it is acceptable that the school is chasing you. Work up a payment plan or similar, or expect CCJs. I suspect you will have ability to take ex to family court or small claims court, but as you described if he has no assets (what about income?) unlikely you will get your money.