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CSA and private school fees

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over it!

This is our situation

My hubby had property settlement over 3 years ago. His children both attend a private religious school.  Prior to property settlement it was clearly conveyed to his exwife in writing that he did not approve of the school and wanted the kids to change.  His eldest child at that time also wanted to change.  His kids are now 15 & 10.  Prior to property settlement it was mentioned in a letter from his solicitor to hers that he would no longer be paying private school fees after property settlement.  It was also on numerous occasions prior to property settlement advised by email to his exwife that he would not be paying private school fees after property settlement.  The final split of property settlement that my hubby agreed to was, in his opinion, compensating her for additional costs involved in the education of the children.  She didnt get more just because he was a nice guy!

His exwife acknowledged his decision by saying "she would make it work somehow" and then took responsibility for payment of the fees for the last 3 years.  She works one day a week sometimes 2 as a "music teacher" at a catholic school.  There seems to be no interest in her not meeting the minimum 15 hours of employment per week that is necessary for her to receive her parenting payment.

My husband is on a good income, he is an engineer, and our expenses match the income as we built a large house to accommodate his 2 kids and mine.  I have always worked fulltime since we married 2 years ago.  Unfortunately I lost my job 3 days b4 xmas the same day the CSA rejected our objection to having to pay additional child support to cover school fees.

Hubby's court orders do not refer to private school fees at all but do say that both parents have 50/50 decision making power.

My question is this.  If my husband does not approve of the school and he has 50/50 decision making power why is he forced to pay for half of the school fees?  Why isn't his opinon as important as hers?  It was clearly conveyed to her prior to property settlement that he would not be paying but because it wasnt put on the court orders apparently the emails dont matter.

We cannot afford this.  What happened to the CSA's claim of "fair & just"

The kids get on well with mine and would have more opportunity at the local school they attend.  This christian school they attend does not even offer geography, modern history or visual arts for the HSC. If you want to do these then they are done by distance learning!

Hubby has attended his first visit to mediation, we are waiting for her to attend

Where does common sense prevail with the CSA?
Sippit - There are a lot of other posts on this topic that have all the answers you need so try looking on here first.

I will say that you will need hard evidence to show that the ex accepted that he was not going to continue with private schooling at settlement and it was clearly her choice to continue with private education. You should appeal the objection to the SSAT and see if they will help you out.
Thanks Fairgo, i have read a lot of the posts and must say I don't get the warm & fuzzies about our chances :(  The law is the law apparently no matter how ridiculous and out of touch with reality it is.  If she wants to send the kids there then she should pay for it.  makes sense to me!!!  If it was clear to her more than 3 years ago that my hubby didnt want them to go there that should count for something!
If the children were already enrolled in the school, prior to the separation and divorce, then the CSA will take this as mutual intent.

What your other half demanded when they separated will be seen as immaterial by the CSA.

Them's the breaks unfortunately.
yep so it appears.... so these kids have to stay in this religious school that offers them less choices than the local public school and they charge a premium for it...... and this is in the interests of the kids how?
C$A will also consider his capacity to pay the extra costs and if he can show that that he really cannot afford them, he might get somewhere. C$A should also consider that he is also supporting you. Regardless with a child of 15yrs then you should be discussing this decision with the kids. If they get on well with your kids and want to go to the same school then there is not much the ex can do about it.
Yep, because it is my guess that the ex wants them to stay there and your hubby doesn't.

Unfortunately, the time for your hubby to object was prior to them being enrolled at the school, not after the separation, is the way that the CSA looks at it.
thanks for your replies, we will try all we can to give the kids the best opportunities, unfortunately our hurdles are the ex and CSA, its a really horrible situation to be in.  i had no idea about how bad this whole thing is until now i'm in the thick of it! it's sad for everyone
Yes it is a very difficult situation to be in. I think you should be discussing school options with the 15 y/o as the remainder of their secondary schooling is very important, and if the courses they want to to complete for graduation are not at the private school then you certainly have some leverage.
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