How Unmarried Parents Can Secure Financial Support for Children Under Schedule 1

How Unmarried Parents Can Secure Financial Support for Children Under Schedule 1

When unmarried parents with children separate, ensuring adequate financial support can be challenging as they do not have the same protections as married couples. Schedule 1 of the Children Act 1989 provides a vital legal framework to secure the necessary financial provision for your children, even where there are modest assets.

Understanding Schedule 1

Schedule 1 of the Children Act 1989 allows unmarried parents to seek financial support from the other parent to ensure the children’s needs are met. Unlike divorce proceedings, these applications focus solely on the welfare and financial needs of the children. Choosing an experienced solicitor is essential for navigating this complex area of law effectively. Schedule 1 applications can address:

• Housing: The court can order capital sums for purchasing or renting a suitable home for the children and the applicant parent or the court can transfer a property into trust for the benefit of the children while they are growing up. This ensures the children have a stable and secure living environment with each parent and minimises the disparity between the parents’ financial positions while the children are growing up.
• Lump Sum Payments: These payments can cover specific needs, such as buying a car, covering medical expenses, property furnishings or clearing debts. These are tailored to meet the unique needs of the children and the applicant parent.
• Child Maintenance top ups: Maintenance payments beyond what the Child Maintenance Service provides. This can be crucial for covering everyday expenses and ensuring the children’s standard of living is maintained with both parents.
• Educational Expenses: Parents can request payments for school fees and other educational costs. This ensures that the children’s educational needs are fully supported.

The Lauryn Goodman v Kyle Walker Case

The recent case of Lauryn Goodman v Kyle Walker highlights how Schedule 1 can be applied, particularly when one parent has significant financial resources. Lauryn Goodman sought financial provision from Manchester City’s Kyle Walker for their two children, and the court made several important rulings:

• Lifestyle Parity: The court stressed that children of wealthy parents are entitled to a lifestyle reflecting their parent’s wealth. This includes housing, maintenance, and other essential support for the other parent.
• Judicial Decisions: The court awarded substantial maintenance of £150,000 per year and housing for a £2.4m property, while rejecting claims that were deemed excessive or unrelated to the children’s needs, like funding for air conditioning. This balanced approach ensures that the children’s needs are met without granting unreasonable requests.

Choosing the Right Solicitor

Navigating Schedule 1 proceedings can be complex, and having the right legal representation is crucial. While not all family solicitors are adept in Schedule 1 cases, at Rix & Kay Solicitors LLP, we have extensive experience in handling such cases, representing clients from various financial backgrounds. Even parents with modest assets can achieve desirable outcomes via a Schedule 1 application with the right legal guidance, ensuring your children receive the financial support they deserve.

Contact us

If you are an unmarried parent facing separation, Schedule 1 of the Children Act 1989 is a critical tool to secure financial support for your children. At Rix & Kay Solicitors LLP, we are committed to providing expert advice and dedicated support to achieve the best outcomes for our clients and their children. We focus on the unique needs of each client and work with you to develop a comprehensive understanding of your situation, providing robust representation of your interests.

To better understand how we can assist you and your family, contact Rebecca Jones of Rix & Kay’s Family Law team via e. RebeccaJones@rixandkay.co.uk or t. 01732 440 856 today.