Family Law

Children Act Schedule 1 Claims

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.

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 discuss your personal situation, contact a member of the team today.

 

Children Act Schedule 1 Frequently Asked Questions

What is a Children Act Schedule 1 Claim?

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.

Who is eligible to make a Children Act Schedule 1 Claim?

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 parent of the child.
  • A guardian or special guardian of the child.
  • Any person named in a Child Arrangements Order as the person with whom the child is to live.
  • A child, if you are aged 18 or above.

What financial support can be provided under a Children Act Schedule 1 Claim?

A Children Act Schedule 1 Claim can lead to various types of financial orders being issued by the Court, including:

  • Child Maintenance Top-Up: This order may be made to supplement the amount of child maintenance provided by the non-resident parent to meet the child’s additional needs.
  • School Fees Order: In cases where the child attends a private school, the Court can make an order to contribute to some or all of the expenses associated with the child’s education or training.
  • Capital Lump Sum Order: This order grants a one-time financial payment to cover specific costs related to the child’s well-being and upbringing, for example equipment for the home, a car to allow transportation to and from school or other activities, or educational costs.
  • Transfer of Property Order: In certain circumstances, the Court may order the transfer of property, such as a home, to accommodate the child’s living arrangements.

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.

How do I make an application for a Children Act Schedule 1 Order?

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.

Contact our Child Law Solicitors

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 from one of our offices in Andover, Romsey, Salisbury, Totton and Witney by using the Contact Form or calling your local office.