When considering plans for your children’s future following a divorce or separation, having arrangements in place for their financial provision is an important part of that. In some cases, child maintenance will be the main source of such support, however you may feel the need for further financial support to raise your children and provide them with the upbringing they deserve.
Understanding your rights in this situation can be confusing, particularly relating to the eligibility and calculations required to make an application for further provisions, known as a Children Act Schedule 1 Claim. Our Children Law specialists can support you in this claim, helping you realise your rights and access the adequate financial support needed.
We offer a free initial consultation to allow you the time to discuss your situation with a member of our Family & Relationships department, at the end of which we can present you with the various options to help you move forward.
Our expert team explain below a few of the questions we are regularly asked relating to this matter. If you have additional questions or you wish to book your free initial consultation, contact a member of the team today.
A Children Act Schedule 1 Claim is the legal process that allows certain people to seek financial provisions for the child in question beyond standard child maintenance claims. This is under Schedule 1 of the Children Act 1989.
The Children Act Schedule 1 Claim is designed to ensure that a child receives adequate financial support to meet their needs and requirements beyond basic child maintenance. It is particularly relevant in situations where a child’s financial needs are not adequately met, such as when the child is living with a parent or guardian who is not the primary earner, or the parents have not been married and so have no right to financial support.
If you feel you would benefit from further financial support over and above the current child maintenance you are receiving, you may be eligible to make a claim if you are:
A Children Act Schedule 1 Claim can lead to various types of financial orders being issued by the Court, including:
The Court can make one or more of these orders, depending on the circumstances and the child’s needs, and we can discuss with you the likelihood of such an application being successful.
To pursue a Children Act Schedule 1 Claim, an application must be made to the Court. The Judge’s decision on whether to grant a financial order under Schedule 1 will be based on various factors, including the child’s needs, the financial means of both parents, and the child’s best interests. Due to the nature and seriousness of such an application, it is recommended that legal advice is sought. You will be required to make financial disclosures during the process, evaluating your situation to make a realistic application before completing the forms accurately to reduce the possibility of any delays in your application.
Children Act Schedule 1 Claims can be complex and involve detailed financial considerations. To navigate this legal process successfully and ensure that your child’s financial needs are appropriately addressed, contact one of our Child Law specialists today.
We can provide you with expert advice and representation throughout the Children Act Schedule 1 Claim process, securing the best possible outcome for your child’s well-being. Contact us today using the Contact Form, emailing moc.n1702096442ellub1702096442rekra1702096442p@ofn1702096442i1702096442 or calling your local office to book a free, no-obligation initial consultation and find out how we can assist you in your Schedule 1 Claim.