The financial needs of any child, particularly young and dependent children, will be a conversation topic upon separation. Most parents will be familiar with the Child Maintenance Service in England and Wales (still referred to commonly as, but no longer titled, CSA). However, there is little knowledge or discussion about further steps that can be taken to secure financial support for children. When parents approach a solicitor with these concerns, it is not often that a Schedule 1 application has already been read up on.
Schedule 1 considers a child’s needs on separation, where there may be more complex financial arrangements required. ‘Schedule 1’ is quite literally a schedule within the Children Act 1989 that sets out eligibility and the process to secure additional support (by consent or by Order).
Firstly, the point of a Schedule 1 application. Schedule 1 is designed to enable any parent, or relevant Guardian / third party with acquired PR, to seek a binding Order that secures support for a child. This is not the same process as a Child Maintenance application. Schedule 1 is also adopted more commonly by unmarried parents, where the
Matrimonial Causes Act 1975 does not extend its discretion to make Orders (by virtue of there not being a divorce). Schedule 1 can often be treated as a mechanism to ‘bridge the gap’ where unmarried parents do not share the same rights.
Schedule 1 provides the Court with authority to make Orders for provision that would not otherwise be available. Examples can include a lump sum (generally a one off large payment) for a child. Reasons can range from schooling fees, transportation, or any general expense that is shown to be a true need. If more convenient, periodical payments can be provided which enable the receiving parent to have a regular stream of income (this is also more beneficial if the parent must consider their benefit entitlements being reduced). Most of the time, periodical payments would be agreed on a monthly basis like any other benefit or CMS.
Moving beyond income provisions, the Court are able to consider property. Despite there being no backdrop of matrimonial protection, the Court have the power to force a transfer of a property for a child’s benefit, or to consider if it should be held on trust for them and their resident parent. This is very rarely a long-term provision, but can include a backstop such as the child attaining the age of 18. These provisions could therefore last well over a decade if the Court deem this appropriate.
It is key to remember that Schedule 1 cannot be exploited as a ‘backdoor approach’ for spousal maintenance in unmarried cases, or to assist a parent of lesser income. Schedule 1 applications must persuade the Court that the child has unmet needs, and that any award will be for their benefit, to be successful. Practitioners should stringently warn against any prospective applications that are motivated by personal gain.
If a lump sum payment or transfer of property is something that you consider would safeguard your child more appropriately than CMS, you may wish to seek legal advice on your prospects of a Schedule 1 application. These are not easy applications and do not exist simply to bolster a comfortable standard of living. However, they can be utilised where there is a very drastic disparity in wealth between parents, to the degree where the quality of living is exceptionally disparate. The broad powers of the Court are specifically designed to address complex and sometimes unusual cases, where the CMS will fall short. Practitioners will often cite examples such as disabled or SEN children as a common ground to make an application. Therefore, it is always worth taking legal advice if this is an avenue you are considering.
More often than not, the primary carer of the child will issue the application but this is not a strict requirement. As above, Guardians and third parties with PR can apply provided that they are caring for a child in need. If in doubt about your eligibility, a Family solicitor will be able to provide you with the appropriate signposts and guidance.
Schedule 1 is a complex area of law, designed to meet the needs of complex cases. If you are able to reach an agreement or adopt Alternative Dispute Resolution measures first, this is always preferable. However, if you cannot resolve your dispute and you have an inclination that your circumstances are more difficult, or with a child incapable of having needs met by basic maintenance, you should enquire with a Family solicitor as soon as possible.
