Schedule 1 Applications Solicitors in Shropshire

Schedule 1 Applications Solicitors in Shropshire – financial provision for children after separation

When a relationship ends, ensuring that children are financially provided for is often a key concern for both parents. Beyond standard child maintenance arrangements, the Court may exercise its powers under Schedule 1 of the Children Act 1989 to make specific financial provision for a child’s welfare. These orders can address needs such as housing, education, and general living expenses, and are particularly relevant where one parent has greater financial resources than the other.

At Wace Morgan, our family law solicitors in Shropshire specialise in Schedule 1 applications, guiding you through the process to help secure appropriate financial support for your child.

Understanding Schedule 1 Applications

Schedule 1 of the Children Act 1989 allows individuals connected to a child, usually a parent, to apply to the Court for financial provision to support the child’s upbringing and welfare needs.

Schedule 1 applications can apply where the Child Maintenance Service (CMS) does not meet the financial needs of the child. This is usually where one parent has a significantly higher income or greater financial resources.

Schedule 1 may be appropriate in the following situations:

• The non resident parents income is over £156,000 gross per annum (before tax) (see more below)
• The child has additional needs such as private education, medical care, or extra-curricular costs not covered by CMS calculations
• One parent is seeking a lump sum to cover specific expenses such as nursery fees, school uniforms, or relocation costs
• The child requires secure housing, and a property transfer or settlement is necessary to provide a stable home
• There is a significant imbalance in financial contributions or resources between the parents that requires redress to ensure the child’s welfare

CMS limits the income it considers when calculating maintenance payments. Currently, any income above £3,000 gross per week (£156,000 gross per annum) is not taken into account by the CMS. This means if the non-resident parent earns more than this amount, the CMS cannot calculate maintenance payments on their full income. In these situations, the receiving parent can apply to the Court under Schedule 1 of the Children Act 1989 to request additional (“top-up”) child maintenance that reflects the higher earnings of the non-resident parent.

Eligibility to apply

Applications can be made by:

• Parents of the child, particularly the primary carer
• Guardians or special guardians responsible for the child
• Individuals with whom the child has lived for at least three years
• In some circumstances, local authorities or other designated persons

This broad eligibility recognises that children may be cared for by various individuals and that financial support should be available regardless of parental status.

Types of Financial Orders under Schedule 1

The Court can make a range of orders to provide for the child, including:

• Periodical payments: Ongoing contributions towards daily living expenses, education, and healthcare
• Lump sum payments: Single payments to cover significant costs such as school fees, medical bills, or other extraordinary expenses
• Property adjustment orders: Transferring or charging property to provide financial benefit to the child
• Settlement or transfer of assets: Arrangements to secure long-term financial stability for the child

The flexibility of Schedule 1 allows the Court to tailor financial orders to the child’s individual needs and family circumstances.

The Court’s decision-making process

The paramount consideration in any Schedule 1 application is the welfare of the child. The Court applies the welfare checklist under Section 1(3) of the Children Act 1989 to determine what financial provision best serves the child’s interests.

In assessing an application, the Court examines:

• The financial needs and resources of the child and each applicant
• The standard of living the child would have enjoyed had the family unit remained
• Any special needs, including education or health-related requirements
• The income, earning capacity, property, and financial resources of both parents or carers
• The child’s age and any other relevant circumstances affecting their welfare

The Court balances these factors to arrive at an order that supports the child while maintaining fairness between parties.

Practical considerations and next steps

Navigating Schedule 1 applications can be complex and emotionally challenging. At Wace Morgan, we provide expert advice tailored to your individual circumstances. We guide you through each stage, from initial assessment to preparation of your application and representation in Court if required.

Seeking early legal advice is essential to determine whether a Schedule 1 application is appropriate for your situation and what level of financial provision may be achieved. We encourage clients to explore all available options, including negotiation and mediation, before turning to formal Court proceedings.

If you choose to proceed, our experienced family law team will guide you through each stage. We prepare detailed and persuasive documentation, ensuring your child’s needs are clearly and effectively presented to the Court. Throughout the process, we will provide clear communication and practical advice.

If you are considering a Schedule 1 application or would like to understand your options, contact our family law team today for an initial confidential consultation. We are here to help you secure the financial support your child deserves.

At Wace Morgan, our experienced legal team are experts in their field, providing clear, reliable advice across a range of legal matters. Call us today on  01743 280 100 or request a call back online, using our enquiry form.