A parent who is not able to provide capital needs for the child of the relationship may make an application under Schedule 1 of the Children Act 1989 for capital or financial provision for the benefit of the child. It is not limited to unmarried partners and extends to married partners where the child concerned is a child of the family.
A parent, stepparent, guardian or person named in a child arrangements order as a person with whom the child is to live may apply.
For a schedule 1 order to be made there must be either a biological connection between the child and the respondent, or by reference to the respondents married or civil partner status.
A child over the age of 18 may apply for periodical payments, usually for financial support for further education or vocational training, or if there are special circumstances that justify the making of an order.
The court has the power to make the following Orders for the benefit of a child:
- Periodical payments
- Secured periodical payments
- Lump sum orders
- Settlement of property
- Transfer of property
The Court will also require each parent to provide detailed information on their financial positions. Additionally, it takes into account a number of factors when considering the appropriate level of financial provision for a child. These include:
- The financial circumstances of each parent both now and in the future
- The financial needs of any children
- The income, earning capacity (if any), property and other financial resources of the child
- Any physical or mental disability of the child
- The manner in which the child was being, or was expected to be, educated or trained.
Schedule 1 application can be complex, so it is advisable to seek legal advice before applying. Wikivorce provide fixed fee solicitor consultations - click here for more information.
