Does Child Support Cover School Fees? The Truth Revealed

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23/11/2021

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Across Australia, parents are asking the same question, often in courtrooms, mediation sessions, and emotional late-night texts.

Does child support cover school fees?

It sounds like a straightforward question. After all, education is a basic need, right? But when families separate and emotions run high, the financial grey areas begin to surface. And few are more contested than who pays for school.

The surprising truth? There is no automatic yes or no.

Let’s break it down.

What Does Child Support Actually Cover?

In Australia, child support is designed to cover the everyday living costs of raising a child. This includes food, clothing, housing, healthcare, transport, and yes, basic education.

But what counts as “basic education”? That’s where the arguments start.

If your child attends a public school, child support payments are generally expected to help cover ordinary educational needs, things like uniforms, books, transport, and lunches.

However, if your child attends a private school, or you’re facing additional fees like tutoring, camps, or extracurricular activities, the situation becomes more complex.

So, Does Child Support Cover Private School Fees?

Not automatically.

The Department of Human Services (Services Australia), which oversees child support arrangements, does not include private school fees in the standard child support assessment. These costs are considered “extraordinary expenses” and they require a different approach.

If one parent wants the other to contribute to private school tuition, both parties must either:

  • Agree voluntarily and put it in writing (often through a binding child support agreement), or

  • Apply for a departure from the standard child support formula, which involves proving the additional costs are reasonable and in the child’s best interests.

In other words, unless both parents agree or a court orders it child support does not automatically cover private education.

What If One Parent Enrolled the Child Without the Other’s Agreement?

This is one of the most common sources of tension.

Say Parent A decides to enrol the child in a prestigious private school without Parent B’s input. Can Parent A then demand that Parent B contribute to the school fees?

Not without consent. Australian courts generally hold that if one parent unilaterally makes that decision, they may bear the financial responsibility alone unless they can prove the decision was in the best interest of the child and the other parent has the means to pay.

In disputed cases, courts will consider:

  • Whether the child was already attending the school before separation

  • Each parent’s financial capacity

  • Whether the cost of schooling is reasonable

  • The level of involvement each parent has in decision-making

How Can Parents Avoid These Disputes?

It comes down to clear communication, legal advice, and formal agreements.

If you and your co-parent want to clarify who pays for what especially when it comes to school here are a few options:

  1. Create a Binding Child Support Agreement
    This is a legally enforceable document where both parents agree on additional contributions, like school fees, beyond standard child support.

  2. Apply for a Departure Order
    If there’s no agreement, you can apply to have school fees considered in the child support calculation, but you’ll need to demonstrate that it’s fair and necessary.

  3. Include Education Costs in Parenting Plans or Consent Orders
    When you go through separation or family court proceedings, include school expenses as part of your broader co-parenting plan.

Why the Answer Might Surprise You

Many parents assume that child support is a one-size-fits-all system. They think it automatically includes everything their child needs, especially something as essential as education.

But in reality, the system is based on shared responsibility, not automatic coverage. If both parents can agree and plan ahead, they can make arrangements that reflect their child’s educational needs. If not, the system leaves gaps and often, those gaps lead to stress, resentment, and legal action. Give our experienced team a call

At Townsville Family Lawyers, you will always speak to a Lawyer