Financial Support for Children of Unmarried Parents: Understanding Schedule 1 of the Children Act 1989

With cohabiting couples now representing the fastest-growing family type in England and Wales, the legal landscape for separating, unmarried parents is increasingly under scrutiny. Unlike married couples, cohabitees have no automatic legal rights or protections upon separation. As a result, many parents are surprised to learn that their only financial entitlement may be limited to child maintenance payments through the Child Maintenance Service (CMS).

However, when CMS support is insufficient or unavailable, particularly in high-income cases or where specific child-related expenses arise, Schedule 1 of the Children Act 1989 provides an important legal route for financial provision. This legislation allows Court to make Orders for the benefit of a child, rather than for the parents themselves, ensuring that a child’s needs can be met regardless of their parents’ marital status.

Who Can Apply?

Applications under Schedule 1 can be made by:

• A parent
•  A guardian or special guardian
• A person with whom the child lives under a Child Arrangements Order
• In some situations the child themselves can apply if they are over 18, and still in education or training or have special needs

When is Schedule 1 used?

Schedule 1 can be used when:

• Parents were never married or in a Civil Partnership
• One parent has more money or assets and the other needs help supporting the child
• The Child Maintenance Service (CMS) does not cover what is needed eg. school fees or housing.
• Where the child is living in the UK but the paying parent is not.

What Can the Court Consider?

In assessing a Schedule 1 application, the Court takes into account a range of factors, including:

1. The income, earning capacity, and financial resources of both parents, now and in the future
2. Their financial needs, obligations, and responsibilities
3. The financial needs and resources of the child
4. Any physical or mental disability of the child
5. The child’s current and anticipated education or training

What Financial Orders Can the Court Make?

The Court has discretion to make a variety of orders, such as:

• Lump sum payments: These may cover expenses like clothing, transport, or necessary equipment. There is no limit to how many times such applications can be made before the child turns 18.
•  Transfer or settlement of property: This can involve purchasing or transferring a property to provide a home for the child and resident parent. Typically, such arrangements end when the child reaches adulthood or completes secondary education.
• Periodical payments (maintenance): In some cases, particularly where the paying parent earns over £156,000 annually, the Court can order maintenance payments above the CMS maximum.
• Educational expenses: Payments can be ordered to cover nursery, school, or other educational costs.
• Legal funding: In appropriate cases, one parent may be ordered to contribute to the legal costs of the other, to ensure fair access to the Court process.

Practical Considerations

Despite the availability of these Orders, Schedule 1 applications should not be taken lightly, and the initial step of Mediation should always be taken to try and resolve the dispute first. If mediation isn’t successful and instructing a Solicitor is required, legal costs can be significant, and if a claim lacks merit, the applicant may have to pay the other party’s costs, and their own. Early, independent legal advice is essential to understand the likelihood of success and explore alternatives, such as mediation or solicitor-led negotiations, which are often quicker and less expensive. It is possible also to consider Early Neutral Evaluation or Arbitration, which are also quicker and overall, less expensive.

It is important to remember that Schedule 1 claims are for the benefit of the child, not the parent. The Court’s focus remains on the child’s welfare, and any provision ordered, especially property, is likely to revert to the original owner once the child is no longer a minor.

If you would like any further information on how to make a claim under the Children Act 1989, please call our team on 01926 354704 to discuss your situation and options.