Schedule 1 of the Children Act 1989
Schedule 1 of the Children Act 1989 provides the parent with day to day care of the child with a means of obtaining financial support for their child over and above the child maintenance provided by the CSA. The act is generally used by parents of a child who were not married but it can also be relied on by parents who were married.
The parent with day to day care of the child can apply to the Court for the following Orders:
- Additional child maintenance, if the other parent's income is higher than that which the CSA takes as its maximum ("top-up child maintenance"). The parent can apply for help with, for example, school fees or to cover special needs if the child is disabled.
- A lump sum, providing it is directly relevant to costs incurred for the child; or
- A transfer or settlement of property. Often this takes the form of putting a property into trust for the mother and child to live in until the child has turned 18 years.
Before the Court makes an Order it will consider the following factors:
- The parent's financial resources.
- The parent's needs and other responsibilities, including to any other children.
- The financial requirements of the child.
- Any physical or mental disability of the child.
- The way in which the parents, while they remained in their relationship, intended for their child to be educated or trained.
Generally speaking applications are only made where the non-resident parent is particularly wealthy. Orders are made strictly for the benefit off the child. This is a complex area of law and specialist advice should be sought.
If these matters effect you please complete a contact form or call us directly on 01483 302 000 or email samantha.jago@www.rhw.co.uk
