What to Do if Your Ex-Husband is Refusing to Pay School Fees

When navigating the complexities of post-separation financial obligations, one of the most pressing concerns for many parents is ensuring that their children’s educational expenses are met. Unfortunately, it’s not uncommon for disputes to arise, especially regarding school fees. If your ex-husband is refusing to pay school fees, it can place undue stress on your family and the future of your children’s education. In this blog, we will explore the legal options available to you in Queensland law, and provide practical advice on how to handle this situation.

Understanding Your Financial Agreement

If your divorce or separation involved a formal agreement or consent order, your ex-husband’s obligation to contribute to school fees may already be specified in this legal document. The Family Law Act 1975 (Cth) outlines financial responsibilities related to the welfare of children, and educational expenses are often a key component of any parenting or financial agreement.
If your ex-husband is refusing to pay school fees despite a legally binding agreement, you may be entitled to seek enforcement through the court. It’s essential to carefully review the terms of your financial agreement to ensure that the responsibility for these fees is clearly outlined.

What to Do if There Is No Agreement

In cases where there is no formal agreement regarding school fees, it can be more challenging to enforce payment. However, this does not mean you are without options. The Federal Circuit and Family Court of Australia (FCFCA) considers educational expenses as a critical factor in child support assessments. If your ex-husband has a legal obligation to provide financial support for your children, you can apply for a variation (Family Law Act 1975 - SECT 66S) in your child support arrangement to include school fees.

Services Australia can assist you in reviewing your existing child support assessment. They may adjust the child support calculations to account for private school fees or other specific educational costs.

Taking Legal Action to Enforce Payment

If your ex-husband continues to refuse payment, even after Services Australia or a court order stipulates that he must contribute, you have the option to take legal action. You can file for a contravention order in the FCFCA. This type of order is used to address breaches of court orders, such as a failure to pay school fees.

To file for a contravention order, you will need to:

Complete an Application – Contravention form on the FCFCA website
File the application with the FCFCA by emailing this form and any supporting documents to contraventionlist@fcfcoa.gov.au (while also retaining a copy for your own records)
Serve the application on your ex-husband

In Queensland, failure to comply with a court order can lead to penalties. The specific penalties will depend on the circumstances and the severity of the breach.

Wage Garnishment: The court can order your ex-husband's employer to deduct a specified amount from his wages to pay outstanding school fees
Fines: The court can impose fines on your ex-husband for non-compliance, which can increase if the breach continues
Interest Payments: Your ex-husband may be required to pay interest on outstanding school fees, accumulating over time
Enforcement Hearings: The court may hold enforcement hearings to address ongoing non-compliance, potentially leading to further penalties
Contempt of Court: In severe cases, repeated refusal to comply with court orders can be considered contempt of court, resulting in more severe penalties
Property Seizure: In extreme cases, the court can order the seizure and sale of your ex-husband's property to pay outstanding school fees

Consequences of Repeated Non-Compliance

Repeated failure to comply with court orders can lead to:

Increased financial penalties
Damage to credit ratings
Strained relationships with children
Potential impact on future family law proceedings

Negotiating a Resolution

Before escalating the matter legally, it’s worth attempting to negotiate a resolution with your ex-husband. If tensions are high, you may want to consider using a neutral third-party mediator to facilitate a productive conversation. Cassandra Pullos, a principal at Pullos Lawyers, is an experienced mediator and collaborative practitioner and can assist you in finding an amicable solution that prioritises the best interests of your children.

Mediation and collaborative practice can often lead to agreements without the need for a drawn-out court battle. A mediator can help both parties understand their legal responsibilities and come to an arrangement that benefits everyone involved.

Alternative Solutions to Consider

If negotiations fail and your ex-husband continues to refuse to pay school fees but you do not wish to pursue legal action, you may need to explore alternative solutions. For example:

Adjusting the child’s school to one with lower fees
Discussing financial contributions from other family members
Seeking scholarships for your children

Ex-Husband Refusing to Pay School Fees: Our Final Thoughts

When an ex-husband is refusing to pay school fees, it can be incredibly stressful for both you and your children. However, Queensland family law offers various avenues to resolve such disputes, from adjusting child support arrangements to filing enforcement orders. The key is to act quickly and seek the right legal advice to protect your children’s education. At Pullos Lawyers, we have extensive experience dealing with family law matters, including child support, LGBTQI issues, financial agreements and international family law. If you are struggling with an ex-husband refusing to pay school fees, or if you need assistance with any other aspect of family law, don’t hesitate to contact us. We are here to guide you through the legal process with empathy and expertise. Call us today on (07) 5526 3646 or visit our contact page to schedule a consultation.