Child Maintenance When Unmarried Parents Separate

Around 48% of all children in the UK are born to parents who are not married or in a civil partnership, a trend that has risen by nearly 10% in the past decade. When the relationship between unmarried parents breaks down, the financial support available can be more limited compared to married parents. In most cases, support is provided through child maintenance, calculated using the guidelines of the Child Maintenance Service (CMS). However, additional support may be available under Schedule 1 of the Children Act 1989.

Unmarried parents may be entitled to child maintenance from the parent the child doesn’t live with. The amount is calculated based on the paying parent’s income, with adjustments made for how many nights the child stays with them each year. While most parents agree on child maintenance privately, they can apply to the CMS for calculations if necessary. The CMS will also handle collecting and transferring payments for a fee. The maximum income the CMS considers is £3,000 per week, and if a parent earns more, the other parent can seek "top-up" maintenance through the courts under Schedule 1 of the Children Act.

Schedule 1 allows an unmarried parent to request further financial support from their former partner. The court can order regular payments, particularly when the paying parent’s income exceeds what the CMS can account for, or for specific needs like school fees or a child’s health expenses. The court may also order lump sums to cover specific costs benefiting the child, such as buying a car, or provide a home for the child until they turn 18, after which the property reverts to the parent who purchased it.

When considering Schedule 1 applications, the court looks at the financial resources and needs of both parents, as well as the child’s needs, including their education and any disabilities. These applications are often pursued when one parent has a high income or significant assets. However, it's important to carefully consider legal costs, as the court has discretion to order one party to cover the other’s legal fees, depending on the case's outcome.