Schedule 1 Applications: Securing Child Maintenance Outside of Divorce

Marriage is not a requirement for a child to receive financial support from both parents. Yet, many unmarried parents are unaware of the powerful remedies available under Schedule 1 of the Children Act 1989. This provision allows a parent, guardian, or even the child themselves (in some cases) to seek financial provision from the other parent, regardless of whether the parents ever lived together or had a formal relationship. Schedule 1 is especially relevant in situations where the Child Maintenance Service (CMS) cannot fully address a child’s needs—often because the paying parent is a high earner or there are significant capital requirements.

Who Can Apply and When?

The most common applicant is the child’s primary carer, usually the mother, but fathers and guardians can also apply. The application can be made at any time while the child is under 18, or in some cases, beyond 18 if the child is in education or has special needs. Importantly, Schedule 1 is not limited to those who have never been married; it is available to any parent who is not seeking financial provision as part of divorce or civil partnership dissolution proceedings.

It’s a common misconception that the CMS is the only route for child maintenance. In reality, Schedule 1 is often used where the paying parent’s income exceeds the CMS cap (currently £3,000 gross per week), or where there are needs that go beyond basic maintenance—such as school fees, housing, or costs related to a child’s disability.

Types of Financial Provision Available

Schedule 1 offers a range of remedies that go far beyond the standard monthly maintenance:

• Lump sum payments: These are typically for specific needs, such as school uniforms, computers, or medical equipment. The court can order more than one lump sum if circumstances change.

• Property settlements: The court can order that a property be purchased or transferred for the benefit of the child and their carer, usually until the child turns 18 or finishes education. The property often reverts to the paying parent once the child is independent.

• Top-up maintenance: If the CMS maximum is insufficient, the court can order additional maintenance to bridge the gap, especially for high earners.

• Costs for education or disability: The court can make specific provision for private school fees, specialist tuition, or costs arising from a child’s disability.

The Two-Stage Test: Needs and Fairness

The court’s approach is methodical. First, it assesses the child’s needs—housing, education, extracurricular activities, and any special requirements. Then, it considers the resources of both parents, including income, assets, and earning capacity. The court’s aim is to meet the child’s welfare needs while ensuring the award is fair to both parents. This means the court will not automatically match the standard of living of the wealthier parent, but it will ensure the child is adequately provided for.

A common pitfall is overestimating what the court will award. Schedule 1 is not a backdoor to a “lifestyle” settlement for the parent; the focus is always on the child’s needs. However, in high-value cases, especially in London, property settlements can be substantial. In 2024, the average Schedule 1 property settlement in London reached £1.2 million, reflecting the high cost of suitable housing.

Evidence: What You’ll Need

Success in a Schedule 1 application depends on thorough preparation and evidence. The court expects a clear, detailed picture of the child’s needs and both parents’ financial circumstances. You should gather:

• A detailed budget for the child, including all regular and one-off expenses (clubs, uniforms, tuition, medical costs).

• Valuations or particulars for any proposed property, including rental or purchase costs.

• Up-to-date income and asset statements for both parents, including payslips, tax returns, bank statements, and details of any trusts or investments.

• Evidence of any special needs, such as medical reports or educational assessments.

Common Ambiguities and Contentious Points

• Duration of property settlements: The property is usually held on trust for the child and carer until the child turns 18 or finishes education, but the exact timing can be contentious.

• Reversionary interest: The property often reverts to the paying parent, but disputes can arise over maintenance, repairs, and what happens if the carer remarries or cohabits.

• Top-up maintenance: Calculating the “shortfall” above the CMS cap can be complex, especially if the paying parent’s income fluctuates or is derived from bonuses or self-employment.

• Multiple lump sums: The court can order more than one lump sum, but only if justified by changing needs or unforeseen expenses.

• Disclosure: Full and frank disclosure is essential. If a parent fails to disclose assets or income, the court can draw adverse inferences or revisit previous orders.

Practical Tips for Self-Representing Parents

• Be realistic about what the court will award—focus on the child’s needs, not your own.

• Prepare a clear, itemised budget and gather supporting evidence for every expense.

• Obtain professional valuations for any property you propose as suitable housing.

• Keep records of all communication and attempts to agree matters outside court.

• Be prepared for the process to take time, especially if the other parent is uncooperative or has complex finances.

Conclusion

Schedule 1 of the Children Act 1989 is a powerful but under-used tool for unmarried parents seeking financial provision for their children. With careful preparation and a clear focus on the child’s needs, it is possible to secure lump sums, property settlements, and top-up maintenance—even where the CMS falls short. The process can be challenging, but understanding the court’s approach and gathering the right evidence will put you in the strongest position.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.