Legal Advice on Financial Provision for Children
Ordinarily, financial provision in the absence of agreement between parents rests with the Child Maintenance Service. The role for Solicitors in the financial provision for children is limited and unfortunately at Ison Harrison we are unable to assist you in challenging any determinations made by the Child Maintenance Service.
If you require advice to ascertain whether it is appropriate in your case to make an application for financial provision for a child, please contact our Family Solicitors who will be happy to assist.
Some important factors you need to be aware of:
- Making an application under Schedule 1 of the Children Act 1989 rarely occurs outside of London. These applications are usually reserved for wealthier individuals or in circumstances where the Child Maintenance Service do not have jurisdiction to deal with a potential maintenance liability.
- The Court has power to Order periodical payments, secured periodical payments, lump sums and orders in relation to property to meet the needs of a child.
- In most cases the financial provision to be provided for the child will end once the child reaches the age of 18.
- The financial provision is for the child and not the former partner.
- Parties will be expected fully disclose their financial circumstances to one another.
- Where a parent’s income exceeds the jurisdiction of the Child Maintenance Service the Court may make an Order to ‘top-up’ the payment received.
- Applications are often made to provide for disabilities and school fees.