Financial Settlement Not Being Adhered To

[ruggief]

Can anyone advise? Or direct me to a source. Child attended private school so spouse and I jointly signed the forms agreeing to pay fees. Subsequent divorce, financial settlement approved by the court prior to this and spouse agreed to pay 100% of school fees. Now refusing to pay so school demanded payment from me. I refused citing above. They have replied to say this is a private matter between spouse and me and I remain jointly liable, they have given me 14 days to pay before starting legal action. Spouse aware of this but still refusing to pay. What options do I have? Sorry for long post I didn't want to leave anything out

[JJ109]

I am not a legal expert so wait until one comes along!
However I am pretty sure the school is right. You made yourself liable for the fees (but just check the contract for the exact wording). The divorce settlement does not concern the school, they can sue EITHER of you., it is their choice.

You in turn can sue your ex-spouse as the fees were meant to be paid by your spouse, and get your money back that way, but you are still liable to the school.

If the school take you to court they are likely to win.

[teacake44]

If the school fees were part of the divorce settlement? then surly both of you are responsible, if so pay you're half, then send the remainder of the bill to you're oh.

[KARL]

If the child was enrolled under joint "sponsorship", i.e. both parents are stated as answerable (equally ?) for the fees then the school is within its rights to turn to you for delivery of payment. However, if joint responsibility is indeed in place then both parents are in the same position and the school can be expected to (and should) make the same demand of both parents. Ultimately, in a dispute between the parents, each is liable for half the amount - providing that attitude wins and not a simple jointly-and-severally responsible, i.e either or is liable for 100% (whichever has the wherewithal and can be forced to pay). If the earlier agreement is enforcible then the one parent who undertook to pay the whole of the fees will be expected to be held liable.

[tiggerblue10]

Find out why ex is refusing to pay and come to some agreement. Your child must take precedent in this case and you should both be responsible.

[barry1010]

As there is a court order in place regarding school fees you must not pay them. The court order overrides the original contract with the school.
"IF YOU HAVE A COURT ORDER DIRECTING YOUR CO-PARENT TO PAY SCHOOL FEES BUT THEY ARE REFUSING:
If there is already a court order directing that school fees should be paid by one parent, then the starting point is that the order should be followed. It is an order of the court and it is not for an individual to decide that the order is no longer in force, even if there has been a change of circumstances. You may be able to take steps to enforce the order."
https://www.allardbailey.com/news/disputes-about-private-school-fees/

[JJ109]

Teacake, responsibility and liability are two different things. A contract has been signed making both parents jointly liable. In default the school does not have to apportion it 50/50 or go by what the court said in the divorce proceedings. They can go after either party for 100% of the fees.

The OP though can get recompense by suing his ex-spouse if necessary, if the school demand money from him. BUT he is liable to the school.

[JJ109]

Reading all the answers here, my advice is see a solicitor!

[ruggief]

Super thanks everyone, that is just what I suspected

[ruggief]

Not what I wanted to hear but confirms what the school have said

[barry1010]

ruggief, did you read my post? A court order has superseded the contract that you have with the school. You cannot alter the court order by making the payments yourself.

[teacake44]

It appears that the spouse who agreed to pay the fees is trying to supersede the court order, is that what you're saying barry. Or not complying?

[Peter Pedant]

has any one said

you pay the fees: this keeps the child in school and then sue hubby for the outlay, and costs of getting the old bargga to pay

No third party if you think about it is gonna put up with - oh no I dont pay - HE pays!. They will just chuck the kid out.

[bobbinwales]

Yes surely a new payment agreement should of been made with the school once the divorce settlemment had been agreed. That would of made this simpler. Am not sure the school are going to know about the 'court order'??

[bobbinwales]

But if you show the school a copy that might help. They might send demand's to the spouse, but if spouse still dosn't pay the result is the same, child could get kicke dout

[barry1010]

teacake, the ex is not complying with the court order. The school cannot override the court order and demand that ruggief pays. The school should be aware of the situation and should be chasing the ex for payments.
ruggief can take the ex back to court for non-compliance. The court can apply an attachment of earnings order so that payment comes out of his wages direct to the school.

[ruggief]

Super, thanks everyone who took time to respond. I have taken professional legal advice. I have to pay the school as the contract was signed 'jointly and severally'. I then have to sue my ex for breach of contract as they have broken the terms of the financial settlement. Incidentally the school have been understanding and ate allowing me to pay on a payment plan