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If you have children and your relationship breaks down, then you may have concerns about how you can afford to provide for your children as a single parent, particularly if your ex-spouse or former partner was the main breadwinner. It is natural to wish to minimise any disruption for the children, but this may be difficult to finance without the cooperation of the other partner.

Fortunately, the law provides you with a framework to secure financial provision for your children under Schedule 1 of the Children Act which focuses specifically on your child’s welfare.

If you have been unable to agree a financial settlement to provide for your children and there is a disparity in your respective wealth, your solicitor may suggest making a claim under Schedule 1 to help secure crucial financial support for your child’s upbringing, education, specific medical needs and future. The rules apply, whether you were married or in a civil partnership, or unmarried parents. It is the welfare of the child which is prioritised by the court.

Below, we provide a brief overview of Schedule 1 of the Children Act and key considerations.

How can Schedule 1 help an unmarried parent?

As an unmarried parent, the only provisions for financial assistance is through child maintenance and Schedule 1 of the Children Act.

However, dependant upon yours and your ex-partners financial position upon separation and the needs of your child(ren) you may need to seek additional provision above and beyond the normal child maintenance provision to meet the welfare needs of your child(ren).

Under Schedule 1, a family solicitor at Laceys will be able to make a claim in the court for financial support to cover;

• child maintenance payments; you might need to seek additional child maintenance through the courts as a ‘top-up’ from the other parent, because they are a very high-earner and their income exceeds the maximum threshold used by the Child Maintenance Service; or alternatively the other parent is employed outside of the jurisdiction of England and Wales
• one-off lump-sum payments; for things such as education costs, medical expenses, school trips, costs related to disabilities or to set up a trust fund; or
• provision of a home; this can involve getting an order that says you and your child can live in a property owned by the other parent or owned by you both jointly, or can have a property transferred to you on trust for the benefit of your child until they are an adult.

How can Schedule 1 help a parent who is divorcing or dissolving a civil partnership?

Although provision for your child would normally be agreed as part of the financial settlement achieved during your divorce or dissolution, your family solicitor may suggest making a claim under Schedule 1 when the financial provisions available through divorce proceedings are insufficient to meet your child’s specific needs. Some examples are:

• if you need to address specific and significant expenses, such as those related to a child’s disability, or perhaps exceptionally high educational costs;
• where one parent earns more than the annual maximum threshold under the Child Maintenance Service calculation and a ‘top-up’ payment is sought; or
• where a dispute regarding the children’s financial needs has not been fully resolved during divorce proceedings but still needs to be concluded.

How does the court deal with a Schedule 1 application?

The court applies strict criteria when considering an application and the child’s welfare remains the paramount consideration.  As Schedule 1 is designed to provide for the child, the court will always be careful to focus on their needs and not the needs of the parent; it is not a back-door application to secure money or property for yourself.

When applying the criteria to your application, a judge will look at factors including:

• the financial resources of both parents especially in respect of ownership of properties. If you can comfortably afford to house your child in a suitable home, you might find it hard to persuade the court to order the other parent to pay for this However if the other parent legally owns more than one property you should discuss with your solicitor the prospect of residing in one of the owned properties with your child.
• your child’s standard of living. The court will look at your child’s upbringing to date and what sort of homes, clothes, hobbies, holidays and schools they have been accustomed to. If they have enjoyed an affluent lifestyle paid for by the other parent and the other parent can afford to maintain that for your child, the court will try to achieve this

How long do these court orders last for?

A Schedule 1 court order will generally last until your child is 18 years old, at which point any provisions made will come to an end. In respect of maintenance provisions however either party can apply back to the Court prior to the termination of the maintenance provision to vary the amount payable or discharge the maintenance provision altogether if the financial position has changed drastically. It is important to remember this and that orders are made for the benefit of your child, not you. This means that any regular payments will cease, and occupation of any property will have to end. Therefore, you will need to plan for the future and make sure you will be able to re-house yourself, and meet your own expenses once your child is an adult and can fend for themselves.

Summary of things to consider

Before making a Schedule 1 application, you should think about the following considerations:

• Are your children’s financial needs going to be met by existing or future agreements, or under other proceedings such as divorce and finances?
• Is the other parent wealthier than you? Do they have a yearly income far greater than the Child Maintenance Service maximum threshold?
• Is your child accustomed to a high standard of living including for example private schooling, usually paid for by the other parent?
• Where were you all living prior to separation? Does your ex-partner have legal interest in multiple properties?
• What does your financial landscape look like and are you able to comfortably provide for your child?
• Orders will only last until your child turns 18, so have you made financial plans beyond that date or until you remarry or cohabit if earlier? If therefore you’re intending to cohabit or remarry ensure you discuss this factor with your solicitor.

How we can help

Whether you are thinking of breaking up with your partner, or are already in the process of resolving finances after the end of your relationship, we can provide expert advice and guidance on how best to safeguard your children’s financial needs.

For further advice please contact one of our Family Law experts.

 This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.