When parents are not married and the Child Maintenance Service (CMS) cannot meet all of a child’s financial needs, there is another legal route under Schedule 1 of the Children Act 1989 that allows the family court to make orders on behalf of the child. Many people are unaware of this option, but it can be very effective—especially where the paying parent has a high income, there are specific needs such as school fees, or where standard CMS support is insufficient or unavailable.
This process is not about the relationship between the adults. It is about what the child reasonably needs, what the paying parent can afford, and how best to meet that need.
Who Can Apply
Applications under Schedule 1 can be made by:
- A parent of the child
- A legal guardian or special guardian
- A person named in a Child Arrangements Order as someone with whom the child lives
- The child themselves once they are over 18 and in education, training or have specific needs justifying an order
There is no requirement for the parents to have lived together or been in a romantic relationship. The court’s focus is on the child’s financial needs, not the parents’ history.
When It Applies
Schedule 1 becomes relevant where CMS support:
- Does not apply because the paying parent lives overseas or the CMS lacks jurisdiction
- Is capped by statutory limits (e.g. maximum CMS income thresholds)
- Does not provide for wider needs like housing, school fees or disability‑related costs
This route is often used in higher‑income situations, where CMS calculations would provide only a “top‑up” at best, or where day‑to‑day child maintenance issues fall outside the statutory scheme.
What the Court Can Order
Under Schedule 1, the court can make orders for the benefit of the child. These can include:
For children under 18:
- Periodical payments – regular financial support (including “top‑up” maintenance where CMS is insufficient)
- Lump sums – one‑off payments for specific needs such as education, therapy, transport, or essential household items
- Property orders – settlement or transfer of property to provide a home for the child (often limited to the child’s minority or period of full‑time education)
For children over 18:
- Periodical payments or lump sums where the child is in full‑time education, training, or has ongoing needs (such as disability)
- These claims must be made by the child directly
Schedule 1 orders must be for the child’s benefit, though housing and related orders inevitably assist the parent with care. Property usually reverts back to the paying parent when the child reaches adulthood or completes education.
What the Court Considers
When deciding whether to make an order and what type of order is appropriate, the court looks at:
- Each parent’s income, assets, earning capacity and financial obligations (now and in the foreseeable future)
- The child’s needs, including any income or assets the child has
- Any physical or mental disability of the child
- The child’s current and anticipated education or training plans
The focus is on the child’s needs rather than equalising lifestyles between parents, although the standard of living the child enjoyed before separation can be a relevant consideration.
Disability and Ongoing Needs
Schedule 1 is particularly useful where a child has a disability or long‑term needs. In such cases, the court can order provision beyond basic maintenance to cover disability‑related costs, specialised care, adaptations and other essential support.
Practical Considerations
- A CMS assessment is often a pre‑requisite if the claim involves “top‑up” maintenance
- Evidence of the child’s financial needs must be detailed and supported
- The other parent’s financial position is examined thoroughly
- Housing applications should ideally be made before the child turns 18 to secure a home for the child and carer
Schedule 1 claims take time and the outcome is discretionary, but when prepared with care they can secure significant provision for a child’s housing, education and long‑term support.
For assistance in financial orders for the benefit of a child, contact clerks@anvilchambers.co.uk