Financial Provision for Children
If a relationship has broken down or parties are divorced, and one parent becomes primarily responsible for the children, the other parent is obliged to pay maintenance to that parent for the child’s everyday living expenses.
Child maintenance can be agreed voluntarily between the parents. However, if an agreement cannot be reached, then the matter can be dealt with by the Child Maintenance Service (CMS), a government body, who will work out the relevant child maintenance that should be paid, taking into account any overnight contact the non-resident parent has with the child. It is better to try and agree on the level of maintenance because any formal application and implementation by the CMS attracts a fee. For further information, visit the CMS website.
If, however, either parent lives outside of the jurisdiction, the Child Maintenance Service will not have jurisdiction. There are also limited circumstances in which a court can intervene with regards to the financial arrangements for children, see below.
Schedule 1 Children Act 1989
If a cohabiting (unmarried) couple separates, and they have a child together, then the primary carer of the child can apply to the court for financial provisions for that child under Schedule 1 of the Children Act 1989 from the other parent. The factors which will be taken into account include the following:
- The financial circumstances of each parent both now and in the future,
- The financial needs of the child,
- The income, earning capacity, property, and other financial resources of the child,
- Any physical or mental disability of the child,
- The manner in which the child was being or was expected to be educated,
- Top up where necessary, (where the paying parent has a gross income in excess of the maximum assessment by the CMS – earning a gross income over £3,000 per week).
Court orders
The court has the power to make the following orders for the benefit of a child:
- Periodical monthly payments,
- Secured periodical payments,
- Lump sum orders for the purposes of enabling liabilities and expenses already incurred in maintaining the child, as well as specific future expenses and foreseeable liabilities,
- Settlement of property, for the purpose of providing a home for the child during their minority, reverting to the paying party at the end of the specified term,
- Transfer of property (often held on trust for the child), although this is rare.
The Orders usually end when the child reaches age 18, unless the child is attending further education or vocational training, has a disability, or periodic payments are ongoing.
Contact our family law team
Our Family Law Team is highly experienced in dealing with matters concerning financial provisions for children. If you would like to talk to an expert legal adviser about your options, contact our renowned Family Law Team.
Free initial call with the enquiry team
Phone: 020 7272 1234
We provide family law advice nationally as well as internationally through telephone, email and video calls. We will also ensure you are kept up to date with your matter and assist you developing a strategy to help you succeed.
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Hopkin Murray Beskine’s London office:
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Our team of family law specialists are here to help you through the process and take real pride in what they do and how they do it, delivering an outstanding service at a sensible price, tailored precisely to your needs.
