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Financial Provision for Children

Financial Provision For Children -
Child Maintenance Payments

When parents separate, ensuring financial support for their children is essential. Whether parents were married or not, the law provides mechanisms for securing financial provision through Schedule 1 of the Children Act 1989. This route is most commonly used by unmarried parents and can involve claims for housing, maintenance, school fees, or lump sum payments. These claims differ from those handled during divorce or dissolution, as the court focuses solely on the child’s needs rather than those of the parent. They can be complex and are often connected to disputes over property ownership, particularly in cases involving TOLATA.

The court can require both parents to give detailed financial information. These proceedings are often complex and costly, and we have experience advising both applicants and responding parents. It is important to consider Non-Court Dispute Resolution as part of the process.

Initial Telephone Discussion

If you are considering a claim for financial support, please call us on 0203 924 8462 or fill in our contact form. Our experienced solicitors will discuss your options and provide tailored advice based on your circumstances.

We can assist wherever you are based.

Types of Financial Provision

The court has wide discretion to make financial orders to support the needs of a child. These orders can be made whether or not the parents were ever married or in a civil partnership, and are designed to ensure the child’s welfare is properly provided for. The types of provision available vary depending on the circumstances.

In Schedule 1 claims the court has the power to make the following orders for the benefit of the child:

  • Periodical Payments: These are regular maintenance payments, usually made monthly, to cover the child’s living expenses such as food, clothing, and other day-to-day costs. The court may also order additional payments to cover specific needs, such as educational or medical expenses.
  • Lump Sum Orders: A one-off payment, or series of payments, can be ordered to meet particular costs associated with the child’s upbringing. This might include paying for a computer, nursery fees, school uniforms, or furniture for the child’s room. Lump sums can help the resident parent manage important expenses without relying solely on ongoing maintenance.
  • Housing Provision: The court can order that a property be transferred to, or held in trust for, the resident parent and child for the duration of the child’s minority or education. This ensures the child has a stable home during their formative years. However, such arrangements are often temporary. Once the child reaches adulthood or completes tertiary education, the property usually reverts back to the non-resident parent. This means that the resident parent may need to make plans for securing alternative accommodation once the child is no longer financially dependent. As a result, it is crucial for the resident parent to consider long-term housing solutions and financial arrangements during the process to ensure stability once the child turns 18.

Matters the Court Will Consider

When determining what financial provision should be made under Schedule 1 of the Children Act 1989, the court has a broad discretion and will take into account all relevant circumstances to reach a fair outcome for the child. The primary concern is the welfare and needs of the child, but the court will also balance these with the resources and obligations of both parents.

The factors the court consider are:

  • Financial Resources: The court will assess each parent’s current financial situation as well as their foreseeable future income and assets. This includes salaries, savings, investments, business interests, and any property holdings.
  • Financial Needs & Obligations: The court recognises that both parents may have ongoing financial responsibilities, such as supporting other children or managing household expenses. These commitments will be weighed when deciding what each parent can reasonably afford to contribute.
  • Financial Needs of the Child: The court will consider what the child reasonably requires maintaining an appropriate standard of living. This might include housing, clothing, food, education costs, and any other relevant expenses.
  • Physical Or Mental Disability of the Child: Where a child has additional needs as a result of illness or disability, the court may make provision to cover care costs, specialist equipment, therapies, or adapted accommodation.
  • The Child’s Education or Training: Educational plans and any associated costs, such as private school fees, university expenses, or vocational training costs, are an important part of the court’s consideration, especially where parents have agreed or intended to fund such education before the relationship breakdown.

If a resident parent or another party wishes to bring a Schedule 1 claim, they may be able to apply for the non-resident parent to cover their legal costs. We can advise on whether such an application is appropriate and explain the likely costs involved.

Child Maintenance via the CMS

In many cases, financial support may be arranged through the Child Maintenance Service (CMS), which uses a set formula based on the non-resident parent’s income. However, if the non-resident parents earns over the CMS threshold, then the court has the power to order a ‘top up’.  

For further information, you can visit the government website: Child Maintenance – GOV.UK

"NE Family Law are the team you want working with you when you have lost the confidence, disputing what is right. They work extremely hard with all the background ‘gunff’ so you can concentrate remaining strong and focused on the objective. They genuinely care and because of this, I strongly recommend having them as your team. You can put your trust in them to get the result you want. I would not go with anyone else!"

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We’re here to help

If you are seeking financial provision for your child or responding to a claim, we are here to help.

Speak to one of our experienced solicitors today for clear, practical advice tailored to your situation.

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