Schedule 1 Children’s Act 1989 : Financial Provision for Children of Unmarried Parents

Updated on October 25, 2026

Children, Family & Divorce, Property and Finance, Relationships

Obtaining financial provision for children of unmarried parents is unsurprisingly a common concern for our clients, and it can be difficult to make sense of the existing information. Fortunately, our family lawyers are here to help – we can advise you on making an application under Schedule 1 The Children’s Act 1989, or help you understand your responsibilities and options if you are a paying parent.

What is Schedule 1 Children’s Act 1989?

Schedule 1 The Children’s Act 1989 states that the Court must prioritise a child’s welfare in Family Court matters. Schedule 1 of this act allows an unmarried parent to make a claim for the financial provision of their child from the child’s other parent. Applications for such orders are generally made for children of unmarried parents, as the process is somewhat different for divorcing parents. Financial provision for children of divorcing parents can be organised as part of the divorce procedure – please see our guide to financial remedy proceedings for information on such arrangements.

Who is financially responsible for a child?

Usually, those with parental responsibility for a child will be financially responsible for them. In most cases, this will be the child’s biological or adopted parents, but may include others – for more information on parental responsibility. Typically, the parent whom the child does not live with will make financial contributions to the other parent to support their child. This parent is sometimes referred to as the “paying” parent, while the parent whom the child lives with is the “receiving” parent. A parent may still need to make financial provision for children they do not see. Need family law advice? Our experienced solicitors are happy to provide you with a free initial phone consultation. For more information visit Family Law and Divorce.

Do we have to go to Court to make arrangements?

You can attend mediation for assistance with making a private agreement if you are struggling to reach a fair arrangement on your own. A family mediator can provide impartial and informed advice, as well as provide a neutral space for parties to discuss. However, for mediation to be successful, it requires both parties to be open to negotiation. If mediation still does not work, you can speak to the Government’s Child Maintenance Service (CMS). You can call them to discuss your options and make an application for financial provision for children there. They can calculate a fair amount based on the paying parent’s income and financial status with information from the HMRC, and can take legal action if a parent does not make the agreed-upon payments. There are some circumstances in which neither mediation or the CMS may be appropriate and you may have no choice except to go to Court. Should this be the case, you can make an application for financial provision for children under Schedule 1 Children’s Act 1989. This may be necessary if:

The paying parent’s gross income is higher than £156,000 a year – the CMS cannot include income over £156,000 when calculating a fair maintenance payment. The Court can make a “top-up” order for additional maintenance to be paid.
The paying parent lives in a different country
The child has additional expenses due to a disability, such as the need for adaptations to their home
You require a different arrangement to be made rather than child maintenance payments – for example, if you require the transfer of the family home until the child is an adult.

What orders can the Court make?

Some of the Financial Orders the Court may make include:

Child Maintenance Orders – sometimes colloquially referred to as “child support,” these are frequent payments which is to be spent on providing for the child’s basic needs.
Lump Sum Orders – these are usually one-off sums paid to fund a particular expense in relation to the child’s needs, such as their school fees or the cost of a family car.
Property Transfer/Settlement Orders – these can be used to transfer a property (usually the family home) to the receiving parent until the child is an adult. Such property is generally returned to the paying parent once the child is an adult.

However, once the child maintenance order has been in force for more than a year, you or your former partner may apply to the CMS for a child support assessment. Once a child support calculation has been made, this will automatically bring to an end the Court Order for child maintenance, except for orders made to meet educational expenses or expenses attributable to a child’s disability.

How much should I pay?

When calculating the cost of financial provision for children, some of the things which the CMS or the Court may take into account could include:

How many children you have
The financial requirements of the children
The paying parent’s income, property and financial capability
The paying parent’s financial needs and responsibilities and any that may arise in the future
How often the children stay with the paying parent

When is child maintenance no longer payable?

This will depend mostly on the nature of your agreement. If you have a private agreement, you will need to discuss this with the other parent. Alternatively, if you have made an agreement through CMS or a Child Maintenance Order has been granted by the Court, it will depend on the terms agreed in your financial order or in the agreement with CMS. Generally speaking, a parent will stop paying child maintenance when the child turns 16 or until their 20th birthday if they stay in full-time education.

How much does it cost to have a financial order granted?

If you are making an application for Child Maintenance through the CMS, there will usually be an application fee of £20.00. There are some exemptions that may apply, such as if you are a victim of domestic abuse. Applying to the Court for a financial order can be more expensive. If you and the other parent have made an agreement outside of Court and want to put a Consent Order in place, the application fee at the time of writing is currently £53.00.

What do I do if I can’t get in contact with my child’s other parent?

If you have not yet made arrangements for financial provision for children, you can still make an application to the Court for a financial order even if you do not know the other parent’s whereabouts. The Court will notify them of the application. For more information, please read our blog titled What you can do Following Desertion.

What can I do if I’m experiencing domestic abuse?

The Child Maintenance Service can get into contact with the other parent on your behalf, and will not share your location or personal details with the other parent if you are concerned for your safety. Additionally, if you are a victim of Domestic abuse, you may not need to pay the application fee to CMS. Should you need to go to Court, the other parent may need to attend. Speak to our solicitors for more information on what to expect at the hearing, and how you can ensure you are safe. You can also make a non-molestation order to prevent your abuser from being able to contact or come near yourself or your children; find out more in our blog on Domestic Abuse and Legal Protection.

Can a grandparent or other guardian receive financial provision for children they care for?

The following individuals can apply to receive financial support:

A parent of the child;
a guardian or special guardian of the child;
a person named in a Child Arrangements Order (CAO) as a person with whom the child is to live; or
the child themselves.

What can I do if the other parent is defying a financial order?

Court orders of any kind are legally binding; consequently, if a parent defies a financial order, they will be in contempt of Court and could face penalties. You can report the other parent to the Court by getting in contact with the Court. If you have made an agreement through CMS and the paying parent is refusing to pay, you can report them to the CMS. Unfortunately, if you do not have a legally binding agreement in place (a financial order or consent order), there is not much you can do. You may need to seek an arrangement through the CMS or through the Court instead.

Do I need a solicitor?

Although you may not need a solicitor for a private agreement, you will need legal advice if you need to go to Court. It is also wise to speak to a solicitor for more information on your situation.

How Starck Uberoi Solicitors Can Help

Our Ealing family law solicitors have vast experience in handling matters related to Section 1 Children’s Act and financial provision for your children on behalf of both paying and receiving parents. We have Law Society Accreditation for our high-quality services as well as a reputation for going the extra mile to achieve a favourable outcome for our clients. To book an appointment, please call 020 8840 6640 email solicitor@starckuberoi.co.uk. We have offices in Brentford, Ealing and Belgravia, and in Pinner, Richmond and Canterbury. Any of our teams can advise you in person or by video call. Our partner, Raminder Uberoi, can also provide a Notary Public Service at any of our London offices.