Unmarried Parents Seeking Financial Provision for Children
Most unmarried parents seeking provision for their children are likely to turn to the Child Maintenance Service (“CMS”). The CMS has jurisdiction for all maintenance cases where the non-resident parent earns less than £156,000 gross per annum.
For some cases, mainly those where there is greater wealth, it is possible for the parent with care to make an application to the court under Schedule 1 of the Children Act 1989 (commonly referred to as ‘Schedule 1’ claims) for further financial provision for the benefit of the child.
This can include:
- top up maintenance (only if a maximum maintenance assessment has been made by the CMS);
- payment of school fees;
- lump sums
- a “carer’s allowance” e.g. to provide for childcare costs/a nanny, running a car to transport the child etc.; and
- the purchase or transfer of a property to the parent with care of the children, which will be returned to the parent who funded it, when it is no longer needed by the child(ren) e.g. they have finished their education or reached majority.
The Court’s power also extends to making orders for periodical payments and lump sums for children over the age of 18 in full time education or where there are special circumstances e.g. a disability.
The size of the award takes into account the non-resident parents resources.