It is a sad reality that parents may separate when the children are very young. In the modern age, it’s likely that both parents are working and historically relied on nursery care during the relationship. But what happens if they cannot agree who pays the costs of nursery?
This note assumes that either the parents do not qualify for the Government 30 free hours or have two days spare not covered by the scheme.
The answer differs whether the parents are married or unmarried. Married parents going through a divorce have a whole range of remedies to meet the needs of a child. The court can order periodical payments for a spouse or child (subject to any relevant Child Maintenance Service decision) or even a school fees order (usually private school fees but the principal remains the same). The court will have regard to a number of factors including the financial resources of each party, the costs of the nursery fees and the length of the marriage. If one party is financially weaker than the other, this could be a factor in deciding who pays nursery fees.
If the parties are unmarried, the case is considered through Schedule 1 of the Children Act 1989. This is the legislation providing financial support for a child of the family and does not extend to things such as spousal maintenance or pensions. The question comes down to a parties’ ability to pay and whether those fees should be shared.
In either example, the costs of going to court can quickly escalate and outweigh the costs of nursery. When relations breakdown, it’s always important to remember the bigger picture and to put the children first. We would certainly recommend alternative forms of dispute resolution such as mediation to find a sensible solution. Please get in touch with one of our specialist team to explore your options.
