Family Law - Oerton Simm

Let's Talk
01823 259449

Connect with us on Linkedin Follow us on Twitter Contact Us

Financial Provision for Children

Home > Children > Financial Provision for Children

Schedule 1 claims Children Act 1989   

Schedule 1 Claims are claims made in accordance with Schedule 1 to The Children Act 1989. These claims tend to arise where cohabiting parties separate. Unlike married couples, those who cohabit (live together) do not have any claims against each other as a result of their relationship.

Where there are children of that relationship the only claim that a party has is for child support which is the money that a parent without day-to-day care of the children must pay to a parent with day to day care to assist with the maintenance of the child or children involved. This is calculated by the Child Support Agency, or the Child Maintenance Service, in accordance with a fixed formula. Other than child support which maybe paid through a voluntary arrangement between the parents or through the Child Support Agency/Child maintenance Service there are no other claims that a parent can make against an ex partner. This can be particularly worrying for a parent who does not own or have any rights in the property in which the family were living. This could be particularly concerning where that parent will continue to be the main carer for the children. This is where the Children Act can play a role in addressing the financial needs of a child.

Schedule 1 claims allow the Court to address some of the financial needs of dependent children. It should be noted that the needs met are those of the child/ren and not those of the parent. 

The Court has the power to award the following:-

  1. The transfer of a property. The housing needs of a child are met by transferring property (usually the former family home) to a parent until that child is an adult. The property always, except in very rare circumstances, reverts to the payer.
  2. Lump sum payments to cover capital expenditure. This is usually for items which depreciate such as cars, computers or perhaps to cover expenses already incurred.
  3. Periodical payments to address the costs of a child’s disability or school fees, or to provide top up maintenance. Such payments are not awarded for general maintenance of a child as these payments come under the jurisdiction of the Child Support Agency.  The Court can only award general maintenance (i.e. Top Up) payments where the paying party has a net income in excess of the CSA/CMS maximum threshold (£104,000p.a. for CSA, and £3000 per week gross for CMS).

What Factors do the Court take into account

A Court will take into account all the circumstances of a case, but in particular they will have regard to the following factors in relation to the parent making the application:-

  1. Income, earning capacity, property, financial resources has/is likely to have in the foreseeable future;
  2. Financial needs, obligations and responsibilities has/is likely to have  in the foreseeable future;
  3. Financial needs of the child;
  4. Income, earning capacity, property and other financial resources of the child;
  5. Physical or mental disability of the child;
  6. Manner in which the child was being or was expected to be educated or trained.

The Court also has regard to the same factors when considering the Respondent’s position (the party against whom the application is being made).
Schedule 1 claims can be very complex because there are many factors to consider. Such as;

Lets talk family law