Financial Claims Relating to Children

Child maintenance covers a contribution towards living costs, if a child lives with one parent for less than 50% of the time. It is usually organised through the CMS, unless one parent’s income exceeds a certain threshold.

The CMS is the Child Maintenance Service, a government body formerly called the CSA. They are responsible for organising child maintenance, if the parents cannot organise this directly between themselves. They can, work out an amount to pay, arrange payments, take action if a parent does not pay and sort out disagreements about parentage. 

The CMS has a set formula for child maintenance based on the paying parent’s income if you live in the UK. If you live outside of the UK, or the paying parent earns more than £156,000 then the court has the ability to make an order for child maintenance under special provisions.

They are more commonly used where the parents have not been married and have no right to financial support arising from a divorce, or if one parent has a greater level of wealth. However,  Schedule 1 claims can still be brought after a concluded divorce, because they relate to the needs of a child. Child maintenance provisions included in a court order, are typically only valid for 12 months when thereafter it is open to either of you to apply to the CMS for an assessment based on current circumstances.

Not always, whilst we most typically help with these claims where one parent is particularly wealthy, they can also be a useful tool for organising additional items for a child. Our specialist team can discuss your circumstances and advise on whether it may be an avenue available to you. 

In determining what financial provision to make for the benefit of the child, the court will consider the following:

• The income, earning capacity, property and other financial resources which any parent of the child (or the person applying for the order) has or is likely to have in the foreseeable future.
• The financial needs, obligations and responsibilities which any parent of the child (or the person applying for the order) has or is likely to have in the foreseeable future.
• The financial needs of the child.
• The income, earning capacity (if any), property and other financial resources of the child.
• Any physical or mental disability of the child.
• The manner in which the child was being, or was expected to be, educated or trained.