Maintenance provision for children under Schedule 1 to the Children Act 1989
Maintenance provision for children under Schedule 1 to the Children Act 1989

The following Family practice note provides comprehensive and up to date legal information covering:

  • Maintenance provision for children under Schedule 1 to the Children Act 1989
  • Introduction
  • Who may apply?
  • Jurisdiction
  • What orders may be made?
  • Interim orders
  • Children over 18
  • Matters to which the court is to have regard in making orders for financial relief
  • Half siblings

Maintenance provision for children under Schedule 1 to the Children Act 1989

This Practice Note sets out the jurisdiction of the court to make a periodical payments order for a child (maintenance provision) under Schedule 1 to the Children Act 1989 (ChA 1989), including the impact of Brexit, and details what orders may be made, who may apply and the circumstances in which an order may be made for a child over the age of 18. It also considers matters the court will have regard to, the position in relation to half siblings and relevant case law.

Introduction

Most child maintenance will be dealt with by the Child Maintenance Service (CMS) (see Practice Notes: Statutory child support scheme and Periodical payments for children—General considerations), however, by virtue of ChA 1989, s 15 and Sch 1, the court has jurisdiction to make a periodical payments order for a child in certain defined circumstances. The majority of such applications relate to parties who have not married or formed a civil partnership. The issue of whether a periodical payments order under Sch 1 could include an element of 'carer's allowance' has been considered and approved and is not only relevant in cases in which there is significant wealth.

The court may also make capital orders under ChA 1989, Sch 1, see Practice Notes: Capital provision under Schedule 1 to the Children

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