If you are married, capital provision for your children’s needs will be considered as part of your overall divorce settlement. If you are not married, then you will be able to apply to the court for provision under Schedule 1 of the Children Act. Schedule 1 allows you to claim for the provision of property, a car, and other capital items you need until your child reaches adulthood.
If your child is likely to attend private school, you will also be able to apply for an order requiring your spouse, or the other parent, to pay the fees. These can be discharged each term, or else a fund can be set up to pay them.
For monthly maintenance, the court only has jurisdiction in certain circumstances. For most couples, child maintenance will be dealt with through the Child Maintenance Service, a government body which applies a calculation requiring the non-resident parent to pay the main carer a percentage of their gross income.
Where a paying parent lives abroad, or earns above the CMS maximum, it is possible to apply to the court for child maintenance. This will be determined according to the child’s needs and will seek to ensure a good standard of living, comparable with that of the richer parent. For older children, especially those at university, some money may be paid directly to the child.
The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.