Financial Arrangements Children

Robertsons Family Law’s solicitors are children law specialists.  We cover all law areas that have to do with children – paternity rights, child arrangements, financial orders, and more.   

Whether the parents are married or unmarried, the law does not differentiate between children. The courts will put children first in any legal situation. We will provide specific advice based on your circumstances.

Schedule 1 Application under the Children Act 1989

Under this Schedule, a parent, stepparent or any person with whom the child lives can apply to the court to obtain financial provision for a child, usually from the ‘other’ parent.   

Schedule 1 orders are used mainly by unmarried couples where the court does not have the same powers it has in the case of divorce or a civil partnership.

A lump sum order may be made as part of the Schedule 1 application for past and future expenditure. For example, as the reimbursement of expenses connected with the birth, or for a family car or a school fees fund. A transfer or settlement of property can be ordered to provide a home for a child.

Your Robertsons Family Law solicitor will be happy to advise you if an application under this Act is appropriate in your case.

Child Maintenance 

In England and Wales, the Child Maintenance Service (CSA) make assessments for child support.   If parents cannot agree on the level of child support, either parent can apply to the Child Maintenance Service. (The predecessor to this service, the Child Support Agency, now only deals with existing maintenance orders).

However, a Schedule 1 application can be made for maintenance provisions where a case falls outside the jurisdiction of statutory maintenance via the Child Maintenance Service. A parent, stepparent, guardian or person named in a child arrangements order as a person with whom the child is to live, may apply for the range of orders.

A child over the age of 18 may apply for periodical payments, normally for financial support for further education or vocational training, or if there are special circumstances that justify the making of an order.

Your Robertsons Family Law solicitor will be able to assist you in working out if, and how, the courts can help you with child maintenance issues. This could be via a Schedule 1 application or in other ways. Such an application may also link with a child arrangements application.

FAQs on Schedule 1 Applications

Who can apply for a ‘Schedule 1 Children Act 1989’ order?

If you are the guardian of the child, a biological parent or one with a child arrangement order, you can apply.   Children over eighteen can also apply if they want to get a higher education or train for a vocation or a profession.  Please note that you can only make an application against the child’s parent.

What orders can the court make under this schedule?

– The court can order periodical payments where the Child Maintenance Services have no jurisdiction. 
– An order can be made to transfer property for the benefit of a child.
– The court can order lump sums for the child’s benefit. It can include expenditure for furnishing a child’s room, getting a car or a computer and more.  The person paying the lump sum is entitled to proof of payment to show that the other had used the money appropriately. 

Robertsons Family Law can help. Our expert financial family law solicitors are experienced in all aspects of children’s law and court procedures. We will guide you through the process.

If I am happy with my child maintenance payment, does the CMS have to be involved?

If you have arranged child maintenance through a private agreement, the CMS will not become involved. The CMS will only act on the request of a parent.

I disagree with my CMS calculation. What now?

You can request a mandatory reconsideration of the CMS calculation. You must explain why you disagree with the original calculation. For example, perhaps you feel that the CMS did not consider all the relevant factors, or your circumstances changed.   

The regulations can be complex, and for more information on what to do, you should speak to a Robertsons Family Law specialist.  

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