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 guidance 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

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit and family law. This Practice Note sets out the current position on maintenance provision for children under Schedule 1 to the Children Act 1989.

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 section 15 and Schedule 1 to the Children Act 1989 (ChA 1989), 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 simply linked to 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 Act 1989 and Procedure under Schedule 1 to the Children Act 1989.

With effect from 22 April 2014, the shortened financial remedy procedure applies to