Applications under Schedule 1 of the Children Act 1989 are generally bought by unmarried parents who require financial support from the other parent (and cannot apply for spousal maintenance or financial provision in the same way as married couples).
Orders can include the non-resident parent paying additional maintenance on top of Child maintenance via the CMS, or a lump sum payment to the main carer. In big money cases, the court will consider the non-resident parent purchasing a home for the child and main carer up until the child reaching the age of 18, when the home shall then revert back to the non-resident parent. The court will also consider whether a lump sum is needed to furnish the property and what the monthly requirements are to meet the outgoings and the upkeep of the property.
Schedule 1 proceedings are also used where there is a disabled child over the age of 18 who is dependent and requires ongoing financial support from both parents.
The Court will have regard to all the circumstances of the case when considering an order.
In particular it will take into account the following:
(a) the income, earning capacity, property and other financial resources which each person has or is likely to have in the foreseeable future;
(b) the financial needs, obligations and responsibilities which each person has or is likely to have in the foreseeable future;
(c) the financial needs of the child;
(d) the income, earning capacity, property and other financial resources of the child;
(e) any physical or mental disability of the child;
(f) the manner in which the child was being, or was expected to be, educated or trained.
