Schedule 1 Applications

Schedule 1 of the Childrens Act enables unmarried parents to apply to the court for financial provision.

The Court in such matters has the power to make orders for: -

Child maintenance, above and beyond, what would be ordered by the CSA, in the event that the child support payers income is higher that maximum the CSA take into account. This is often known as ‘Top-up’ maintenance

Lump sum payments to cover appropriate expenditure for the benefit of a child.

An Order for the settlement or transfer of property.  This is where the non-resident parent provides a property for the mother and child of the family, during the child’s minority. 

Such applications are not common, and by its nature are made in cases where the non-resident is wealthy and has the financial needs to meet such an order.

In considering such matters the court will have regard for the parents’ and children’s needs and financial resources of the parents.