Financial Applications on behalf of Children

Claims can be made which enable the court to meet some of the financial needs of dependent children.

It is important to note that the needs met are those of a child and not the needs of a parent. This is commonly misunderstood.

Below you will find information on the powers of the Court with regard to financial application; however we would recommend you seek advice from one of Family law experts on board from an early stage to ensure you get the best outcome for you and your child /children.

To help you get a full understanding of your options please contact a member of our expert Family Law team for a fixed fee initial appointment, which is provided at £195.00 plus VAT to ensure you get the outcome that’s best for you and your child, at the cost that’s right for you. Full details are on our Powells Pay As You Go – Help with Family Matters page.

Schedule 1 claims under the Children Act 1989 are claims which enable the Court to meet some of the financial needs of dependent children. It is important to note that the needs met are those of a child and not the needs of a parent. This is commonly misunderstood.

The Court has the power to award the following:-

• Periodical payments to meet the costs of school fees or a child’s disability. Periodical payments are not awarded for general maintenance of a child as these payments come under the jurisdiction of the Child Support Agency. The Court is only in a position to award general maintenance payments where the paying party has a net income of over £104,000 per annum.
• Transfer of Property Order. Housing needs of a child are met by transferring property to a parent until that child is an adult. The property always, except in very rare circumstances, reverts to the payer.
• Lump sum payments to cover capital expenditure. This is usually for depreciating items such as cars, computers or perhaps to cover expenses already incurred.

Schedule 1 applications are relied upon by parents who are in cohabiting relationships, not marriages, which break down.