In Australia, parents have a legal responsibility to support their children financially. When it comes to separated or divorced parents, this often means that one parent pays the other child support. A child support arrangement can be agreed privately between the parents, or through the Department of Human Services Australia (DHS) administrative assessment as regulated by the Child Support (Assessment) Act 1989. Child support is intended to contribute to the expenses of raising a child, including school fees. The situation becomes more complicated if only one parent wants to send their child to a private school.
Private school fees
In Australia, parents can choose from three main types of education for their children: public, Catholic, and independent. The Australian Bureau of Statistics found that in 2023, 64% of Australian children were enrolled in public schools, with only 19.7% in Catholic Schools and 16.3% in independent schools. Private school tuition typically costs tens of thousands more than a public education over twelve years of schooling. Still, private schooling arguably offers a distinct difference in opportunities and educational advantages. Given this difference, a parent may well have strong convictions about whether their child should attend a private school.
When both parents want their child to have a private education, then the parents may agree to amend the amount of child support to share the cost of the private tuition. This is most often the case when the parents have a shared commitment to private education as a worthwhile investment. When only one parent wants to incur this expense, it can provoke disagreements between the parents. The key question is whether the parent who opposes private education is obliged to contribute financially to the cost.
Amount of child support
The DHS uses a formula to assess how much child support is required. This is based on the parent’s taxable income, their total number of children, how often the child lives with them, and the estimated costs of the child (based on their age). The child support assessment is supposed to account for all the child’s expenses, including regular school fees, uniforms, extra-curricular activities, and excursions. The parent who is the recipient of the child support is responsible for allocating adequate funds from the child support for school-related fees. The DHS does not usually take into account additional significant costs, such as medical expenses and private school fees, when calculating the amount of child support. However, a parent can ask for an internal review process to vary an assessment or apply to the Federal Circuit and Family Court of Australia (or the Family Court of Western Australia) for a departure order to account for the more expensive fees. The court evaluates various factors in deciding whether to make a departure order, especially the extent to which the child’s life would be significantly impacted if they cannot attend a particular school. If the court finds the child would suffer no negative consequences by not attending public school, then the application to change the child support assessment is unlikely to succeed.
Previous Intention
A significant factor in the court’s evaluation is whether the parents previously agreed to send the child to a private school. The parent seeking the order can argue that the child should be educated in the manner that both parents agreed to before their separation. One way to prove this intention is through a signed copy of a school’s enrolment form.
When there was no previous agreement, the parent can still make the case that the financial circumstances of the parents should be a consideration. If a parent is a high-income earner, it is easier for the other parent to suggest that it is reasonable for the child to have private tuition, as this increase in child support would represent a proportionately smaller part of the parent’s income. However, it is important to note that just because a parent can afford to pay private school fees, does not mean that the court will always force them to do so. The overall assessment of the court will be the best interests of the child and what is reasonable in all of the circumstances.
Even if parents agree on private school when they separate, circumstances change over time. A parent may remarry, have other children, or change careers and consequently have less expendable income. School fees can become unaffordable, and schooling plans may need to be reassessed for practical reasons. Any separated parent who is considering private school for their child should proceed carefully, especially if they are relying on the other parent to contribute to the additional cost. Taylor Rose has experienced lawyers who can provide legal advice to a parent on a range of family law matters, including child support and private school fees. Please get in touch with our team on 1800 491 469 for any legal assistance.
