Financial Claims for Children

Following separation, parents may live in different homes. Despite this, they remain responsible for financially providing for their child or children.

What is Child Maintenance?

Child maintenance is a payment from the ‘non-resident parent’ to the other parent to assist with everyday living costs for the child. The Government’s Child Maintenance System (CMS) can arrange and collect maintenance payments.

The CMS have a helpful calculator to estimate how much you, or your former partner, may be liable to pay – https://www.gov.uk/calculate-child-maintenance

For most cases, the CMS should be a parent’s first port of call when they are seeking an assessment of the amount of child maintenance payable, or if they are seeking to enforce a CMS payment. In some circumstances, it may be necessary to ask the CMS to collect the payments for you.

What if my former partner is a very high earner?

If your former partner earns more than maximum assessment that the CMS can make (in excess of £3,000 gross per week, or £156,000 per annum), you may be able to apply to the court for ‘top-up’ maintenance under Schedule 1 of the Children Act 1989. 

What is Schedule 1 of the Children Act 1989?

If unmarried, parents can obtain limited financial provision under Schedule 1. Although most reported cases deal with the very wealthy, it is an important issue for all parents to consider. If your cohabiting relationship has broken down, we can advise you on any claims for financial provision for children under Schedule 1 Children Act 1989 (for housing, other capital payments for your child and the payment of school fees and maintenance).

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