Separation presents a lot of challenges for parents, the biggest often being money, with education being a particular burden for any parent.
Day-to-day expenses are one thing, but sorting out who pays for the bigger costs such as school fees and financial support through university and what happens as children get older?
Kate Barber, Partner in Thrings’ Family team takes a look at the challenges facing separated parents and what they can to do to make life easier.
Child maintenance
The starting point is child maintenance. In most cases, this is worked out through the Child Maintenance Service (CMS). It’s based on the paying parent’s gross income and covers a child’s everyday needs – food, clothing, housing and the basics of education.
It’s important to note that CMS payments do not cover private school fees or the cost of university and only applies until the child leaves full-time secondary education.
If your child stays in full-time education beyond age 16, maintenance can continue—but only until 31 August after they finish school, or up to their 20th birthday, whichever comes first.
School fees – By agreement or by court
If your child is at a fee-paying school, the CMS won’t step in and so these costs have to be agreed between parents or decided by a court.
If one parent objects to paying, the court can be asked to decide whether a parent should be paying them in addition to CMS and whether it should also include any school extras like music lessons, for example – it is important that any parent can afford to pay them and the court will look to assess this as well as considering at what was agreed while you were together, and the availability of other state schools.
They can also order that parents contribute not just to fees, but also to related costs like uniforms or trips, if that is considered fair in the specific circumstances of your family.
Changes to private school fees
As of 1 January 2025, private schools had their VAT exemption removed, meaning a 20% charge being imposed on the education for children of compulsory school age.
Whether schools have passed on the full cost to parents or sought to absorb some of the increase, costs have gone up, creating an even higher pressure on parents, with some even turning to family help or trusts to cover the increase.
University costs and roofing allowances
When children head off to university, the picture changes again. Because CMS payments stop, support has to be arranged directly between parents, or through the court if agreement can’t be reached.
Courts can order one or both parents to contribute to living costs, tuition, or a mix of the two, with payments potentially being made directly to the young adult. However, it is accepted that university age children are still dependent to some degree. They will usually base themselves with one parent during their extensive holidays and that parent will have the added costs as a result.
Where one parent largely shoulders the care for older children in education, it is possible to seek a ‘roofing allowance’ where a sum is paid to that parent from the other to cover these costs. It is unlikely to be a consideration when looking at the appropriate time to terminate or reduce spousal maintenance.
Whether this solution is appropriate is likely to depend upon the amount of money being paid and the amount of time being spent at home as opposed to university and there is no hard and fast rule, given circumstances vary from case to case, however the notion of awarding a roofing allowance to the parent with care is continuing to gain ground, particularly in cases where one parent has a strong income.
Planning ahead
With the increase in education costs adding financial pressures to co-parents need to work together. Actions to consider are:
- Talking as early as possible about who will cover what and agree on contributions.
- Consider trusts or savings strategies to help with fees and VAT increases.
- Record arrangements in a court order during divorce proceedings.
- Revisit contributions later if circumstances change.
- Submit an application to the courts before your child turns 18 if you want payments to continue into university.
Kate Barber, partner in Thrings’ Family team said: “Separation is normally meant to cut ties between former couples, but there still needs to be collaboration in matters related to children, their development and, importantly, their education.
“The system isn’t perfect, but it can work if you plan ahead, communicate clearly, and – if needed – go through the court. For separated parents, the best approach combines compassion, practicality and a willingness to keep things simple and fair for everyone.
“Having sound legal advice early on will give you the reassurance you need that everyone has your child’s best interests at heart.”
Thrings Family lawyers are experienced in all areas of the law that are close to home. Whether it is marriages and pre-nuptial agreements, children’s issues or divorces and separations, they will put your best interests first, taking the time to get to know you so that you are supported with sound advice tailored to your needs. To find out more, get in contact.
