Q&As

Can the applicant within proceedings as to financial provision on divorce, or under Schedule 1 to the Children Act 1989, seek an order that the applicant themselves pays child maintenance?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 09/03/2021

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can the applicant within proceedings as to financial provision on divorce, or under Schedule 1 to the Children Act 1989, seek an order that the applicant themselves pays child maintenance?

Section 21 of the Matrimonial Causes Act 1973 (MCA 1973) provides that financial provision is for the purpose of adjusting the financial position of the parties to a marriage and any children of the family. MCA 1973, s 23(1)(a) enables the court to order that either party to the marriage shall make to the other such periodical payments as may be specified and MCA 1973, s 23(1)(d) provides that the court can make an order that a party to the marriage shall make to such person as may be specified in the order for the benefit of a child of the family, or to such child, such periodical payments as may be specified. Schedule 1 to the Children Act 1989 provides that on an application made by a parent the court may make an order requiring either or both parents of a child to make to the applicant for the benefi

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