Who Pays for a Child's Education After Divorce?

Both parents share the cost

Under Section 92 of the Law Reform (Marriage and Divorce) Act 1976, each parent has a duty to maintain their children, including reasonable education costs. Divorce does not end that duty.

Education counts as a basic need, like food, housing and healthcare. A parent is not let off just because the child lives mainly with the other parent.

Each parent’s share usually reflects what they can afford. The parent who earns more is generally expected to pay more.

What counts as education costs?

More than school fees. It can include:

• registration and monthly fees
• tuition or enrichment classes
• textbooks, uniforms and shoes
• school transport
• exam fees and school trips
• a computer or internet if the school requires it
• college or university fees and living costs, for older children

List what counts in your terms. A clear list stops arguments over whether a bill is shared.

How the amount is decided

The court looks at the child’s reasonable needs and what each parent can pay. It also considers the standard of living the child had during the marriage.

If your child is at a private or international school, the court weighs whether staying there is reasonable and affordable. A sudden change of school can upset a child, so this is looked at carefully.

You can also agree the terms yourselves. An agreement recorded as a consent order is as binding as one the court decides.

Write the terms clearly

Vague wording causes most later arguments. “Father to help with education” leaves too much open. A clear term states the amount or percentage split and who pays each item.

Many parents agree a fixed monthly sum plus a separate split for bigger education costs, for example fees and tuition shared by an agreed percentage, with receipts exchanged.

Plan for predictable jumps, such as moving to secondary school or starting university. Naming them now saves renegotiating later.

What happens at 18?

Under Section 95 of the LRA 1976, as amended in 2018, a child maintenance order normally ends when the child turns 18. It continues while the child is in further or higher education or training, until it is completed, or until a physical or mental disability ends, whichever is later.

The Act does not define “further or higher education or training”, so the details can still be argued over.

If college or university is likely, agree now who will pay for it and put it in writing, ideally in your consent order.

When to get legal advice

Get advice before you sign if your child is in private school, has fees that change each year, or is close to university age. That is where loose wording costs the most. A lawyer can draft terms that are specific, enforceable and realistic for both incomes.

Looking to engage a divorce lawyer? If you are unsure how to split your child’s school or university costs, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.