Financial Provision for Children: How does it Work?.

Following the recent high profile case of Kyle Walker and Lauryn Goodman, the Court was tasked with making appropriate financial provisions for the children. The decision addresses many interesting points that have been raised regarding children born to unmarried parents and the financial support that could be available for those children.

Schedule 1 of the Children Act 1989 gives the Court the power to make orders for financial provision for children. A parent, guardian, special guardian or a person with whom the child lives with under a Child Arrangements Order can apply to the court for financial provision. This is different from the provisions that can be awarded in a divorce, in that the claim relates only to the needs of the children, not of the parent.

When considering an application under Schedule 1 the Court will look at:

1. The income, earning capacity and financial resources which each person has, or is likely to have, in the future;
2. The financial needs, obligations and responsibilities each person has, or is likely to have, in future;
3. The financial needs of the child;
4. The income, earning capacity, property and financial resources of the child;
5. Any physical or mental disability of the child; and
6. The manner in which the child was being, or is expected to be, educated or trained.

The court has the power to make a variety of orders which include:

1. An order for lump sum;
2. An order for property transfer or settlement of property, and
3. Periodical payments which is also known as maintenance.

Whilst it can be tempting to make a Schedule 1 application in relation to financial provision for children, you should always bear in mind that the Child Maintenance Service is available to ensure a non-resident parent is contributing financially to a child. This should be the first point of call when there are disputes about how much maintenance a non-resident parent should be contributing. However, if this proves to be unsuccessful, an application under the Children Act 1989 may be necessary.

It is important to always seek independent legal advice prior to issuing any Schedule 1 application as there can be serious costs complications if an application is made without merit.

If you require help with an application, or advice on how to make a claim under the Children Act 1989 for financial provision, get in touch with our specialist team today to arrange an appointment.