Child maintenance and school fees — who pays

REVIEWED BY: Sean McNamara on 2026-08-31

The basics

Child maintenance covers the child's everyday living costs (housing, food, clothing, basic activities). School fees are different — they are an additional, often significant expense that can exceed maintenance entirely.

Who decides school fees

Which school the child attends is a parenting decision (see our specific-issue-guide)
Who pays the fees is a money question that can be addressed in the financial settlement on divorce (as part of a consent order or financial order), or by agreement

In divorce / financial remedy

School fees are part of the child's needs under the financial remedy (welfare checklist and s.25 factors). The court can make provision for private school fees via:

A periodical payments / maintenance order that includes a sum for school fees
A lump sum or settlement that covers the fees
A property adjustment structured so the fees fund is protected

If both parents agree a particular school, the court is usually happy to make provision for the fees as part of the settlement.

Via the Child Maintenance Service

The CMS calculates a fixed-rate child maintenance on a formula. School fees are not part of the CMS calculation. You cannot force the other parent to pay school fees through the CMS.

The alternative: a consent order (or court order) in the financial settlement that expressly obliges one parent to pay the school fees. This is the enforceable route.

If you're unmarried

School fees are a child need that a Schedule 1 Children Act application can address (a lump sum/settlement to cover the child's education). See our Schedule 1 guide.
You cannot get fees via the CMS.

Practical steps

1. Agree the school — this determines the amount. Put it in writing. 2. Agree who pays — include it in a consent order / financial order so it's enforceable (see our consent-order guide). 3. Keep the school fee invoices and receipts — they evidence the need. 4. If the other parent promised to pay but now refuses after separation, document the promise (a note or message) — it supports a financial claim.

What NOT to assume

CMS doesn't cover fees
A verbal commitment isn't enforceable — put it in an order
Fees are needs-based: if the child has always attended a fee-paying school, that's a stronger case for the court to keep providing; a brand-new expensive school choice is harder to justify

Official links

Money and property: https://www.gov.uk/money-property-when-relationship-ends
School admissions: https://www.gov.uk/schools-admissions

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with CMS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.