A marriage may end, but parenthood does not. Children remain the common ground on which most post-divorce disputes are fought, and one dispute returns to law offices and to the Family Court every year as the school term begins: who pays for the private school? The custodial mother fears her child will be pulled out of a school he has attended for years and placed in a completely different environment. The father sometimes argues that his obligation stops at the minimum, and that since public education is available and free, he should not be made to carry heavy tuition instalments.
Kuwaiti law does not answer this question with an unqualified yes or no. Education costs are part of the child maintenance a father owes, but their amount and the type of schooling they cover are decided case by case. The most important criteria are the best interest of the child, the father's financial means, the standard of living the child enjoyed before the divorce, and whether public schooling is actually available to the child. A second, equally practical question follows: does the custodial mother choose the school because the child lives with her, or does the decision belong to the father as guardian?
This article focuses on education maintenance, and on private schools in particular. It does not repeat the general rules on maintenance and custody, which we cover separately in Maintenance in Kuwaiti Law: Wife, Children and Relatives and Custody in Kuwaiti Law: Conditions, Duration and Grounds for Forfeiture. The parent's relationship with the school itself (the enrolment contract and withheld certificates) has its own article: Private Schools in Kuwait: Enrolment Contracts, Fees and Withheld Certificates. The question here is how school costs, and the power to choose the school, are shared between separated parents.
The Short Answer
- Must the father pay for education? As a rule, yes. Education is a basic need of the child, and its cost falls within the child maintenance owed by the father under Personal Status Law No. 51 of 1984.
- Must he pay for private school specifically? Not always. He is usually required to if he can afford it, if the child was enrolled there before the divorce with his consent, if public schooling is not available to the child, or if the child has special needs that call for it. He may not be required to if his income genuinely cannot bear it and a suitable public alternative exists.
- Who chooses the school? Major educational decisions are in principle tied to guardianship over the person, which normally belongs to the father, while the custodial parent handles day-to-day follow-up. When the parents disagree, the court decides on the basis of the child's best interest, not either parent's preference.
- Can the child be moved to another school? Neither parent should act alone where a transfer harms the child's stability or places unagreed costs on the other. The affected parent can go to the Family Court.
- What is covered? Tuition, registration, books, uniform and, depending on the case, transport. Private tutoring and extra activities depend on the child's need and the father's means.
- What if circumstances change? Maintenance can be increased or reduced when the father's situation or the child's needs change, because a maintenance judgment is by nature open to review.
- What if the father refuses to pay? The judgment can be enforced, including by attaching his salary, where maintenance debts enjoy priority, as well as by other means the law provides.
The Legal Framework
Child maintenance in Kuwait rests mainly on Personal Status Law No. 51 of 1984, under which maintenance of a young child who has no property of his own is owed by the father, and maintenance covers what the dependant needs according to custom and the provider's circumstances. Education in this sense is neither a luxury nor a separate head of claim; it is at the core of the child's needs, like food, clothing, housing and medical care. For that reason one does not usually file a standalone "school fees claim". Instead, the claimant asks the court to include education costs when assessing child maintenance, or asks for an increase that covers them.
These claims are heard by the Family Court established by Law No. 12 of 2015, which brought personal status disputes before a specialised court and introduced mechanisms for resolving many family disputes amicably before litigation. Linked to it is the Family Insurance Fund, which aims to ensure that awarded maintenance actually reaches those entitled to it.
Enforcement of maintenance judgments, including those covering education costs, follows the compulsory execution rules of the Civil and Commercial Procedure Law No. 38 of 1980, with maintenance debts receiving special treatment in certain respects, such as salary attachment.
Law No. 51 of 1984 is the general reference for most Muslim families in Kuwait, while Ja'fari rules apply to those who follow that school in personal status matters. The general principles on the child's interest and the provider's means are close in both, but details can differ, so a lawyer should be consulted where this is relevant. Kuwait also has regulatory rules for public and private education, discussed in Education Law in Kuwait; those rules govern the school's relationship with the state and with parents, not the division of costs between separated parents.
Substantive Rules: When Must the Father Pay for Private School?
1. Education costs are part of child maintenance
The basic rule is that the father must support his young children who have no property of their own, whether they live with their mother or another custodian, and whether the mother is wealthy or not. A mother's wealth does not remove the father's obligation, even though many mothers contribute voluntarily or by agreement. A mother who pays school fees from her own funds, without a clear intention to donate them, may in some situations be able to reclaim them. This depends on proof and on whether a prior judgment or agreement exists, and is best reviewed with a lawyer before filing.
Education costs are not automatically added as a fixed extra. They form part of the court's overall assessment of the child's needs. In practice some judgments set a single maintenance figure that takes schooling into account, while others provide a separate education component or order the father to pay tuition directly, depending on what was requested and the facts of the case.
2. Public or private? The factors the court weighs
No provision says the father must always pay for private school, and none says public school is always enough. The general standard is that maintenance is assessed according to the provider's means and the dependant's needs. In practice the following factors tend to shape the outcome:
- The father's means: a father with a high income or visible wealth will struggle to rely on free public schooling to deny his children a standard he can easily afford. A father of limited income will not be burdened beyond his capacity.
- The pre-divorce standard of living: if the child attended private school during the marriage with the father's approval, that is strong evidence that this level of schooling suits the family and that the father can afford it. Divorce alone should not uproot the child from his educational environment.
- Whether public schooling is available: free public education is primarily available to Kuwaiti children. Non-Kuwaiti children are admitted only in limited categories under Ministry of Education rules. For many expatriate families, private school is therefore not a luxury but the practical option, and its fees are a necessary expense.
- Special needs: where a child has a disability or learning difficulty, or needs a programme not available at the nearby public school, the cost of suitable schooling is a need rather than an extra.
- Stage of education and stability: moving a student in the final years of secondary school, or from a foreign curriculum taught in another language to the national curriculum, can cause educational harm that outweighs the savings. Courts take this into account.
- The school's level and cost: even where the father must fund private education, he is not bound to pay for the most expensive school the custodian selects. The court may distinguish between a moderately priced school suited to the family and one with fees out of proportion to the father's income and the child's previous situation.
The right question, then, is not "is private school better?" but "is it necessary or appropriate for this child and affordable for this father?" A party claiming the father is wealthy should prove it, and a father pleading hardship should show his real finances, not merely produce a salary certificate that understates his actual income.
3. Who chooses the school: the custodian or the guardian?
Much confusion arises here. Custody means looking after the child and managing daily life: getting him to school, following his homework, attending parents' meetings and dealing with teachers. Guardianship over the person is a broader authority over decisive choices in the child's life, including the type and direction of his education. We explain the difference in Guardianship, Tutorship and Curatorship in Kuwaiti Law.
The consequence is that major educational decisions, such as the type of schooling (public or private, Arabic or foreign curriculum, religious or general), belong in principle to the guardian, usually the father. That principle is not absolute. Guardianship is limited by the child's interest and may not be used to harm the custodian or the child. A father who rejects every school the mother proposes out of stubbornness, or picks a school so far from the custodial home that daily attendance becomes impractical, may be found to be abusing his guardianship.
Equally, a custodian should not enrol the child in a high-fee school without the father's knowledge and then present him with the bill as a fait accompli. In that situation the court may hold the father liable only for the cost of schooling appropriate to his means, not for the full cost of the custodian's unilateral choice. The safest route is always a written agreement, and failing that, going to court before enrolment rather than after.
Location also matters. The child lives with the custodian, and his interest requires a school within a reasonable daily commute. The custodian therefore often has real influence in choosing between schools of similar level and cost, even where the fundamental decision on the type of education lies with the guardian.
4. Moving the child to another school
Disputes typically take two forms: the father wants to move the child from private to public school to reduce his costs, or the custodian wants to move the child to a more expensive school or one closer to her new home.
In the first case, the father's announcement that he wants a transfer does not end his obligation. If a maintenance judgment covers private education, it stays binding until another judgment changes it. A father whose circumstances have changed must file for a reduction or ask the court to change the type of schooling, proving the change and showing that the transfer will not seriously harm the child. Simply withdrawing the child's file or stopping payment risks the child's schooling and exposes the father to enforcement.
In the second case, if the custodian moves the child without the guardian's consent, the father may refuse to bear the fee difference and may ask the Family Court to return the child to the original school if the move is harmful. Such disputes often overlap with a change of custodial residence or with children's travel and refusal to hand over the child, and the court will look at the whole picture.
A practical point: who can sign the transfer request and collect the certificates? Schools usually require the signature of the parent registered with them, and the custodian may be asked to produce the custody judgment. If one parent unreasonably refuses to sign and the child's interest is being blocked, the courts can intervene as appropriate.
5. What education maintenance covers
- Tuition fees: the core of education maintenance, whether paid annually or in instalments.
- Registration, books and uniform: usually treated as necessary study-related costs.
- Transport: the school bus or the cost of getting the child to school, especially where the custodian cannot drive the child herself, or where the school was chosen with the father's agreement at a distance that requires transport.
- Devices and equipment: such as a tablet that some schools require, assessed according to what the school actually mandates.
- Private tutoring: not required as a matter of course, but may be awarded where the child's need is established, for example documented academic weakness or a critical stage such as the final secondary year, taking the father's means into account.
- Activities, trips and clubs: generally regarded as extras that depend on the father's wealth and the child's previous lifestyle; a father of modest means is not usually required to fund them.
When claiming, an itemised statement supported by documents is far stronger than a lump-sum figure, and it makes the court's assessment easier.
6. University and maintenance beyond majority
The question arises when a son reaches adulthood while still studying. Child maintenance ends when its grounds cease, but the law and the courts take account of a son who continues his studies seriously and regularly, so the father's obligation may extend until a particular stage of education is completed at the usual age, subject to conditions on seriousness, regular attendance and means. The rules for daughters differ. The precise limits depend on the text and on the facts, so take advice before relying on them.
7. The mother's remarriage or a change of custody
A custodial mother's remarriage may affect her custody under the applicable rules, but it does not remove the father's duty to fund education, because that maintenance belongs to the child, not the mother. If custody passes to someone else, the father remains liable and the claim is brought by the new custodian. If custody passes to the father himself, he simply bears the school costs directly.
Principles of the Court of Cassation
The Court of Cassation has consistently upheld a number of general principles on maintenance and custody that apply equally to education costs, including:
- Maintenance is assessed according to the provider's means and the dependant's needs, looking at the real position rather than only what the parties present on paper.
- Assessing the amount of maintenance is a matter of fact for the trial court, provided its reasoning is sound and grounded in the case file.
- Maintenance judgments have only provisional finality and may be varied upward or downward when the circumstances on which they were based change, such as a change in the father's income or the child moving to a more expensive stage of education.
- The child's best interest is the governing standard in all matters concerning him and prevails over the wishes of either parent.
- Guardianship over a minor is not an absolute right of the guardian but an authority granted for the minor's benefit, and may not be exercised for any other purpose.
A note on method: for accuracy we state these principles in general terms reflecting settled Kuwaiti case law, without citing specific appeal numbers or judgment dates. How they apply to a particular case depends on its facts and evidence, and outcomes differ from case to case. They are no substitute for a review of the file by a specialist lawyer.
Practical Steps and Documents
1. Try to agree first
A written agreement between the parents on the school and the division of costs is the quickest route and the least stressful for the child. It should state the school or category of school, who pays each item, how payment is made (directly to the school or to the custodian), when, and what happens if fees rise or the child moves up a stage. The agreement can be documented or submitted to the court to make it enforceable. The Family Court system also offers amicable settlement routes that may suit this kind of disagreement.
2. A maintenance claim that includes education
If no child maintenance judgment exists, a maintenance claim is filed that expressly asks for education costs to be included, specifying the school and its fees. If a judgment exists but did not account for private schooling, the route is a claim for an increase.
3. A claim to increase maintenance
An increase may be sought when something justifies it. In education matters the common triggers are the child moving to a more expensive stage, a rise in school fees, a marked improvement in the father's income, or a new special educational need. The claimant must prove a change, not merely that the current amount is insufficient, because the court compares the present position with that at the time of the earlier judgment. The law and practice may restrict a fresh application for variation before a certain period has passed since the previous judgment, save in exceptional circumstances; this should be checked with a lawyer before filing.
Likewise, a father may seek a reduction if his finances have genuinely worsened, for example through job loss or retirement on a lower income. A reduction is not granted merely because he has remarried or voluntarily taken on new financial commitments.
4. Enforcement against a father who refuses to pay
An enforceable maintenance judgment can be executed through the Execution Department. Available measures, depending on the case, include:
- Salary attachment: the most effective measure against employees, with maintenance debts receiving special priority. See Salary Attachment in Kuwait and the Priority of Maintenance Debts.
- Attachment of assets and accounts: under the general execution rules discussed in Compulsory Execution in Kuwaiti Law.
- Travel bans and other procedural measures: available to judgment creditors under the Procedure Law, some of which we cover in Debtor Imprisonment and Arrest Orders in Enforcement.
- The Family Insurance Fund: which may, in certain cases, pay awarded maintenance and then recover it from the father.
Custodians should file enforcement requests promptly rather than letting arrears pile up, since delay makes collection harder, especially as school instalment deadlines approach.
5. Documents usually needed
- Marriage contract, divorce certificate and the children's birth certificates.
- The custody judgment and any earlier maintenance judgment.
- The school enrolment contract, the official fee schedule for the year and previous payment receipts.
- Evidence that the child attended the private school during the marriage and that the father paid (bank statements, transfers, correspondence).
- Evidence of the father's income and means: salary certificate, or indications of business activity or property, as far as obtainable or as can be requested through the court.
- Medical, psychological or educational reports where the child needs special schooling.
- Invoices for transport, books, uniform and tutoring, and anything showing the child's need for them.
Three Hypothetical Cases
Case 1: Private school since kindergarten, and a father who wants a transfer
Hypothetical facts: A Kuwaiti child in Grade 6 has attended a bilingual private school since kindergarten. The father is a well-paid government employee who also owns a rented property. After the divorce he tells the custodian he will stop paying and the child must move to public school.
Legal analysis: Years of private schooling with the father's consent suggest this standard suits the family, and his means are evident from his salary and rental income. The likely outcome is that the court includes the fees in the child's maintenance, particularly given the harm of an abrupt switch to a different curriculum mid-stage. The father remains free to prove any genuine change in his circumstances.
Case 2: A custodian enrols the child in a costlier school without telling the father
Hypothetical facts: A girl attends a moderately priced private school. Her mother moves her to an international school with fees roughly double, without consulting the father, and then demands the difference from him.
Legal analysis: Taking a major educational decision alone that imposes a heavy cost on the father, without his consent or court permission, weakens the custodian's position. The court is likely to hold the father liable for the cost of schooling suited to his means and the child's previous standard, not the full difference, unless the mother shows the move was necessary for the child, such as a special educational need the previous school could not meet.
Case 3: An expatriate family on a modest income
Hypothetical facts: An expatriate father on a mid-level salary has three children in their mother's custody and argues he cannot afford three private school fees.
Legal analysis: Because public schooling is generally unavailable to non-Kuwaiti children except in limited cases, private school is the practical way to educate them, and its fees are a necessary expense. The court will, however, consider the father's means and may direct the assessment towards low-cost schools rather than expensive ones. Education itself is a right that limited means do not cancel; limited means affect its level and cost.
Comparison: Common Points of Dispute
- Public vs private schooling: public is free and mainly available to Kuwaitis; private is required of the father depending on his means, the pre-divorce standard, the availability of a public option and the child's needs.
- Custodian vs guardian: the custodian handles daily care and school follow-up; the guardian makes the major decisions on the type and direction of education; both are bound by the child's interest.
- Unilateral vs agreed choice: an agreed choice binds both parents; a unilateral choice may bind the other parent only up to an appropriate cost.
- Core fees vs extras: tuition, books, uniform and transport are usually included; tutoring and activities depend on need and means.
- Increase vs reduction: an increase is sought when needs grow or the father's means improve; a reduction when the father's position genuinely deteriorates. Both require proof of changed circumstances.
- Amicable agreement vs court judgment: agreement is faster and gentler on the child; a judgment is stronger when enforcement is needed. Both can be combined by recording the agreement.
- Paying the school vs paying the custodian: direct payment reassures the father that money reaches its purpose; payment to the custodian gives her flexibility. This is set by agreement or judgment.
Frequently Asked Questions
1. Is it enough for the father to say public school is free?
Not on its own. The court considers his means, the child's previous schooling, whether public school is actually available to the child and the child's need for stability.
2. Does the father's obligation fall away if the mother is wealthy?
No. Child maintenance is owed by the father even if the mother is well off. What she pays voluntarily does not change that principle.
3. Can the mother enrol the child without the father's signature?
That depends on the school's rules and on the custody documents she holds. Even if she can enrol the child, whether the father must pay depends on his consent or a court judgment.
4. Can the father move the child to a school near his own home?
Generally not where the child lives with the custodian, because the school should suit the custodial home. Choosing a school the child cannot reach daily may amount to abuse of guardianship.
5. Is private tutoring included in maintenance?
Not automatically. It may be awarded if the child's need is proven and the father can afford it; otherwise it is usually excluded.
6. Must the father pay for the school bus?
Transport is a study-related need and is usually included, especially where the custodian cannot take the child or the school was chosen with the father's agreement.
7. The school raised its fees this year. Does the father automatically bear the increase?
If the judgment fixed a set amount, an increase usually requires agreement or a claim to increase. If the judgment or agreement obliges the father to pay fees as set by the school, the answer depends on its wording.
8. The father stopped paying and the school withheld the certificate. What can I do?
Two tracks run in parallel: enforcing the maintenance judgment against the father, and dealing with the school under the rules on withheld certificates, which we cover in the private schools article linked in the introduction.
9. Can the father pay the school directly instead of paying the custodian?
Yes. This can be agreed or requested from the court, and many fathers prefer it to ensure the money reaches its purpose. It is acceptable as long as it does not obstruct the child's interest.
10. Does education maintenance continue after the child reaches majority?
It may, in certain cases, where a son continues his studies seriously and regularly, subject to conditions set by the law and the courts. The rules for daughters differ.
11. The father has remarried and has a new child. Does that justify reducing education maintenance?
Remarriage alone is not usually enough, though the court may look at the father's total obligations and real income. The burden of proof lies on him.
12. Can an urgent application be made before the school year starts?
The Family Court system allows certain interim and urgent applications in matters that cannot wait. Whether this suits your case is for a lawyer to assess after reviewing the facts.
Conclusion
Private school costs after divorce are not settled by comparing the fees with the father's salary. They call for an overall assessment in which the court weighs the child's interest and educational stability, the father's real means, the standard the child grew up with, and whether a public option is available. Two families that look alike on the surface can therefore reach different outcomes.
Choosing a school or moving a child is not the absolute prerogative of either parent. The guardian makes the fundamental decision but is bound by the child's interest; the custodian manages daily care but cannot impose costs the father has not agreed to and no court has ordered. A written agreement is always the safest route, and failing that, the Family Court before enrolment or transfer, not after.
Finally, a maintenance judgment is the beginning rather than the end. It can be increased or reduced as circumstances change, and enforced effectively, above all through salary attachment, when a father refuses to pay. Acting early and keeping good records protects the child from becoming the victim of his parents' dispute in the area that matters most to his future: his education.
Legal Notice
This article is general legal information and not legal advice. Outcomes depend on the facts and evidence of each case, the applicable school of law, later legislative amendments and developments in case law. For accuracy we have not cited article numbers or specific amounts; refer to the official texts and to a specialist lawyer.
If you are facing a dispute over your children's private school fees, the choice of their school or a transfer after divorce, or you need to seek an increase in maintenance or enforce a maintenance judgment against a father who will not pay, the team at Yumnaak Law Firm would be glad to review your situation and guide you to the best way of protecting your children's interests. Contact us to book a consultation.
