Can I make a financial claim in respect of my children?

If you are a parent or have a child arrangements order confirming that the child lives with you, you may be able to claim against a parent in respect of the financial requirements or needs of the child living with you.

Under Schedule 1 of the Children Act 1989, a parent, step-parent, guardian, special guardian or person with a residence order may be able to apply to the court for financial provision for a child, usually from that child’s other parent.

Often, this law is used for one parent to make an application against the other when they have not been married or civil partners. In these circumstances the court does not have the wider powers it has on divorce or dissolution of a civil partnership to make financial orders that consider the children’s needs outside of day-to-day maintenance that would be dealt with by the Child Maintenance Service.

By way of example, the possible types of orders that the Court may consider are:

  • Provision of accommodation for the child whilst in education
  • Provision to meet school expenses, and school fees
  • Provision to meet the financial needs of a child that has a disability

George Green’s specialist Family Lawyers regularly advise clients in respect of the financial provision for children and the options available to them.  If you wish to discuss your matter in a free initial telephone consultation call Mark Vandaele on 01902 796930 ( at our Wolverhampton office or Rachel Baker on 01384 340 580 ( at our Cradley Heath office.