Financial support for your children
Disputes over money that you are owed by a former spouse or partner in regard to your children are usually dealt with by the Child Maintenance Service (CMS). However, if the financial arrangements are not sufficient to meet the needs of your children, it may be possible to ask the court to make extra provision under Schedule 1 of the Children Act 1989.
This might be appropriate where it was not possible to deal with the financial provision for a child adequately as part of divorce proceedings, where you were not married, or because the parent being asked to pay lives abroad.
In certain circumstances, our family law solicitors may be able to apply to the court on your behalf for extra financial provision for your child. For example, if your former spouse or partner is very wealthy and what they are paying does not reflect this, or if your child has specific needs that cannot be met by the amount of money they are currently receiving and you believe you former spouse or partner, although not particularly wealthy, can afford to pay more.
The court can make a number of orders, strictly for the benefit of the child, including:
- child maintenance which can be paid to you for the benefit of a child or to the child directly (any application for a ‘top up’ order for periodical payments should not be made unless and until CMS have made a maximum assessment);
- a capital lump sum, which may have to be paid in full straightway or by instalments over a defined period;
- a transfer of property, either to you for the child’s benefit or to the child directly; and
- a direction that a child should be entitled to occupy a property for a defined period.
We can advise you
Based in the City of London our family solicitors are on hand for a convenient appointment between meetings or before your commute home. We will explain your options in straightforward language so that you can make informed decisions about what is best for you and your children.
We are used to working with busy executives and international families and regularly have meetings via Skype with clients in other time zones.
Funding for legal advice or representation
Once we understand your circumstances, we will advise you on the options that may be available to you.
Contact our matrimonial team
To organise an initial consultation, in complete confidence, please contact a member of our specialist family team who will be able to help.