How to safeguard your children’s financial needs
If you have children and your relationship breaks down, then you may have concerns about how you can afford to provide for your child/children as a single parent, particularly if your ex-spouse or former partner was the main breadwinner. It is natural to wish to minimise any disruption for any children involved, but this may be difficult to finance without the cooperation of the other parent.
Fortunately, the law provides you with a framework to secure financial provision for your child/children under Schedule 1 which focuses specifically on your child’s welfare.
If you have been unable to agree a financial settlement to provide for your children and there is a disparity in your respective wealth, your solicitor may suggest making a claim under Schedule 1 to help secure financial support for your child’s upbringing, education, and future. The rules apply, whether you were married or in a civil partnership, or living together. It is the welfare of the child which is prioritised by the court.
How can Schedule 1 help an unmarried parent?
As an unmarried parent, it is not possible to secure any financial provision for your children using the divorce framework.
However, if you are your child/children’s primary carer after your relationship has broken down, you will be in the same position as a spouse going through divorce, and you will need to ensure your child/children’s financial needs will be met.
Under Schedule 1, your solicitor will advise you about potential claims under schedule 1 and will be able to assist in making a claim to the court for financial provision which could include assistance with the following:
- child maintenance: you might apply for additional child maintenance through the courts as a ‘top-up’ from the other parent, because they are a high-earner and their income exceeds the maximum threshold used by the Child Maintenance Service;
- one-off lump-sum for furniture, a car, medical expenses, school trips, costs related to disabilities or to set up a trust fund; or
- Settlement or transfer of property: this could include a property being purchased for the child/children to live in, a property being held in trust for the child/children, or the primary carer living in a property owned by the paying parent.
How does the court deal with a Schedule 1 application?
The court applies strict criteria when considering an application with the child’s welfare remaining the paramount consideration. Schedule 1 is designed to provide for the child and the court will always focus on their needs and not the needs of the parent; it is not a back-door application to secure money or property for yourself.
A judge will consider the following factors:
- The financial need to support the child/children
- The financial resources of each parent
- The child/children’s health
- Current and future educational needs
- Standard of living of the child/children
How long do these court orders last for?
A Schedule 1 order will usually last until your child is 18 years old, but in certain circumstances will extend beyond 18. It will depend on the specific circumstances of your case.
Summary of things to consider
Before making a Schedule 1 application, you should consider the following:
- Are your children’s financial needs going to be met by existing or future agreements, or under proceedings such as divorce?
- Is the other parent wealthier than you? Do they have a yearly income far greater than the Child Maintenance Service maximum threshold?
- Is your child accustomed to a high standard of living, usually paid for by the other parent?
- What are your financial means and are you able to comfortably provide for your child?
How we can help
Whether you are thinking of breaking up with your partner, or are already in the process of resolving finances after the end of your relationship, we can provide expert advice and guidance on how best to safeguard your children’s financial needs. For further information, please contact Sellina Kauser, Senior Associate in the Family team on 01733 882800 or email [email protected].
Sellina Kauser, Senior Associate
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