If you are an unmarried parent and your relationship with the other parent has broken down, it is natural to be concerned about the future, and how you can provide for your child.
Reassuringly, while there are robust laws governing the maintenance of children following a marriage breakdown – unmarried parents also have the right to claim child maintenance under the Children Act 1989. An application to the Child Maintenance Service (CMS) is not the only option.
If you are worried about how to claim enough financial provision for your child, we can support you. The family and children team at mfg Solicitors supports parents across a range of issues, including securing child maintenance and contact issues.
What’s the issue?
Our team are supporting more unmarried parents than ever before, and this is little surprise given the nature of modern family life. According to the latest data, almost half (46.3%) of babies were born to unmarried parents in 2025 (Office for National Statistics). Compare that to 100 years ago when one in 20 children were born outside of marriage.
Under Schedule 1 Children Act 1989, an unmarried parent (or guardian) with care of the child can apply for financial provision from the other parent. There are several orders the court can make, but the focus is solely on the child’s needs. The orders include:
- Periodical payments or secured periodical payments. Payments will usually terminate when the child reaches 18 or leaves full time tertiary education
- A lump sum order, eg to pay for a car or to equip a home where it will be for the child’s benefit
- A transfer or settlement of property for the benefit of the child. When the child no longer needs the property it will usually revert to the parent who was subject to the order
A child (aged 18+) can make an application under Schedule 1 in their own right (except in relation to property), though it is less common. Invariably, the child would be seeking payments in respect of ongoing education or vocational training.
How does this differ from the CMS?
The CMS remains primarily responsible for determining how much child maintenance a paying parent must pay. However, its powers are limited to cases where the non-resident parent’s gross annual salary is at least £156,000; and where both parents live in the UK.
A Schedule 1 application means the court can ‘top up’ the amount calculated if appropriate, eg if there is a maximum CMS calculation and the paying parent’s income is high; to order the parent to pay school fees or other vocational fees; and to make orders where the child is disabled.
What will the court consider?
The court will take all the circumstances of the case into account when determining an application under Schedule 1 - not just the capital, income and earning capacity of the parents.
Important factors will include the ongoing and impending financial obligations and responsibilities of each parent (eg, other children); and the child’s own financial, physical and mental health and educational needs.
What’s the process?
We will discuss your circumstances with you and your child’s needs; the involvement (if any) of the CMS; and whether we can seek financial provision for your child under Schedule 1.
Importantly, we will also talk about mediation and other potential options to resolve financial matters to avoid making a formal application to court if possible. Family judges usually expect the parties to try resolving matters first, although there are exceptions – eg. where domestic abuse is an issue.
If court action becomes necessary, we will do so without delay. Our team will guide you through the process and support you at each step. We will also advise whether there are any other steps we can consider to protect you and your family.
How we can help
These types of cases can take some time to resolve, so do consult us early. Please contact Sian Kenkre, a partner in the family law team, on 01527 831691 or email sian.kenkre@mfgsolicitors.com