Family Court orders more child support

The Family Court ordered extra financial support for children from 268 unmarried parents in the year to December 2022, according to TWM Solicitors, a leading private wealth and family law firm. This decision highlights a growing awareness of Schedule 1 of the Children Act 1989, which allows unmarried parents to request additional financial support when their child’s standard of living exceeds that of the parent with whom they live.

Under Schedule 1, parents can be asked to cover maintenance costs such as school fees if their income surpasses £156,000 a year. It can also cover lump sum costs like buying a car for the child, regardless of the higher-earning parent’s income. This legal provision is often used in cases where a child needs to be re-housed, but it requires proof that the primary caregiver cannot afford the necessary accommodation themselves. Such payments are typically structured as loans to be repaid, usually when the child turns 18.

The number of children born outside of marriage or a civil partnership has increased by 43% over the past two decades, with 346,760 such children born in 2022, compared to 242,032 in 2002. This rise has meant that fewer primary caregivers, typically mothers but increasingly fathers as well, are able to access the financial provisions available to married couples in divorce settlements. As a result, many unmarried parents are turning to Schedule 1 applications to secure financial support from their ex-partners.

Sarah Archibald, Partner at TWM Solicitors, said, “Schedule 1 rights help parents ensure that their former partners can’t walk away from their responsibility to pay for their children’s upbringing.” She also mentioned that “Disputes over who pays for the VAT that is being added to private school fees could lead to more of these Schedule 1 cases,” highlighting the pressures of rising costs in education.

Although the number of Schedule 1 cases in the Family Court has decreased since its peak of 650 cases in 2015, the use of mediation is rising. Sarah Archibald explained, “Some people have found that the outcome of a Schedule 1 case in the Family Court can be unreliable, leading to more choosing to deal with their case through, for example, mediation.” Mediation offers a quicker, less costly alternative to court proceedings, with couples working with a joint mediator to resolve financial disputes. This process can also improve communication between co-parents, which is essential for maintaining a cooperative parenting arrangement.

Sarah Archibald concluded, “Over the years, Schedule 1 cases have shown they have unpredictable outcomes, with the Family Court denying claims as often as allowing them. This uncertainty can put families off going through an expensive court process when there is no guarantee of success.” She added that while the issue of parents not supporting their children persists, families are increasingly finding alternative, quicker ways to resolve disputes without the need for lengthy court battles.