The duty to maintain a child includes a duty to cause the child to be
educated, therefore school fees are part of a child’s maintenance.
However, the amount of child support/maintenance may obviously
be insufficient to cover the fees. It may therefore be necessary for the parents to reach agreement on who should pay the school fees, separately from child support/maintenance. Any such agreement can be included in a separation agreement or consent order. Note, however, that an order that includes a provision for one parent to contribute towards school fees can prevent the other parent from subsequently making an application to the Child Support Agency.
Lastly, if the NRP’s net income exceeds £2,000 per week, then only the first £2,000 will be taken into account for the purpose of child support – there is therefore a maximum amount of child support. In these circumstances, the court can make a top-up order, requiring the NRP to pay over and above the maximum amount of child support.