Schedule 1 Children Act 1989 – Not Just For The Millionaires!
Schedule 1 claims provide financial assistance for the benefit of the child from unmarried parents.
This is different from claims under the Child Maintenance Service, as Schedule 1 claims apply where the non-resident parent earns above the maximum maintenance assessment through the CMS, being £3,000 per week gross.
This is why many think that the provision is simply in place for ‘millionaires and footballers’.
- Within its powers the Courts can make financial provision for child, which include;
- Periodical Payments;
- Secured Periodical Payments;
- Lump Sum Orders;
- Transfer of Property Orders;
- Settlement of Property.
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If there is extended wealth, the Court can exercise wider powers to provide for the child to ensure that their needs are met, such as but not limited to;
- Top up Maintenance;
- Payment of School Fees;
- Carer’s Allowance.
How to assess the needs of the child are set out under S4(1) of Schedule 1, which provides a welfare checklist of what the Court will look at when making an Order. Both parties will also have to exchange full disclosure as to their true financial position to enable the Court to determine the nature of the award.
44% of children in the UK are born to unmarried parents, but there are only a small reported cases under Schedule 1. It can only be assumed that this is due to the potential cost implications. Within Children Act proceedings, it is unlikely that costs orders are made ordering one party to discharge the other’s legal fees, however ‘no order as to costs’ does not apply within Schedule 1 proceedings, and you could end up paying your former spouses legal fees.
If you wish to discuss this further, feel free to give our team of family law solicitors a call and one of our team will be able to assist.