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 the other 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 wide 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 are considering issuing an application to the Court or if you have proceedings ongoing and wish to seek legal assistance please do not hesitate to contact Mark Vandaele, the Head of Family Law on 01902 796930.

Our offices are based in Wolverhampton and Cradley Heath. We serve clients across the West Midlands and Black Country area including but not limited to Penkridge, Wolverhampton and Stourbridge.

We are currently offering remote appointments due to the COVID19 outbreak.