Financial Claims for Children

This family law is commonly used when parents are discussing the care arrangements for their child or children following a separation or divorce.

The child’s welfare is always the most important and paramount consideration.

However, within this law about children, there is a section that deals with financial provision. This is called a Schedule 1 claim for financial provision for a child.

Schedule 1 financial provision is relevant where there is some wealth whether in terms of capital or income, or if the child has a disability.

It is also most often used in family law cases where parents have not been married. Naturally where the parents are married and then divorce, their financial claims as part of that process and to take into account any children.

Financial provision claims for a child aged 18 or over cannot be made with the Schedule 1. However, a financial order may be made if the child is over 18 and still in education, training for a trade, or there are special needs and circumstances.

An application can still be made if the child is living in England and Wales, and the person that the Order is being made against (the paying parent) lives elsewhere. It is important to carefully consider any international aspects to your case with a family lawyer to take into account which jurisdiction  best suits you in terms of financial outcome and to consider any relevant enforcement issues.

The family court has the power to make the following financial orders for the benefit of a child:

• Periodical payments, such as child maintenance (where the Child Maintenance Service do not have jurisdiction) and private school fees
• Secured periodical payments, such as securing maintenance against a property
• Lump sum orders
• Settlement of property
• Transfer of property

Whilst some of the principles are similar to a divorce and financial case there are some important differences. For example, in a financial agreement a family court can only make one lump sum of money order. But in a Schedule 1 financial provision case, the family court can make multiple lump sum orders both at the time and in the future, subject to the financial needs of the child. However, the family court can only make one transfer of property order under Schedule 1. This is why specialist family law advice form a solicitor is necessary so that you can consider the financial claims for your child and make an informed decision about how to proceed.

Each family law case is different, and a judge needs to take into account the following factors under Schedule 1:

• 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.

As part of this family law process, the court will require each parent to provide detailed information on their financial positions within a prescribed statement and with relevant documents in support. There is also an expectation for the parents to attempt to negotiate and reach a family law agreement for their children. Mediation can also help parents reach a resolution.

We are specialist family lawyers and have a wealth of experience in financial and children cases, including Schedule 1 claims. We are also able to offer mediation.

We are also experienced in acting for a parent wishing to bring a financial claim for their child or where we are asked to defend such a financial claim. Tactically this can help advise and guide you. Where your family law case has an international aspect to it, we are also able to assist. James Maguire is a Fellow of the International Academy of Family Lawyers and is able to draw on the expertise of other international family lawyers worldwide. Take a look at our client testimonials.