There are a number of ways you can secure financial provision for a child depending upon your and your child’s personal circumstances and the struture of your family.
Financial provision for a child following the breakdown of marriage/civil partnership
The English family court can make a range of financial orders to secure your, your partner’s and your child’s financial position following the breakdown of marriage /civil partnership. Court proceedings can be complex and it is important that you obtain expert help and assistance – click here for more information.
You may also apply to CMEC (formerly the CSA) for maintenance payments for your child.
Financial provision for a child following cohabitation breakdown
If you and your former partner lived together (but never married or entered into civil partnership), you cannot rely on the wide ranging remit of financial remedies available to married and civil partner couples. This can create complex legal issues and difficulties in resolving financial arrangements for you, your former partner and your children.
You may be able to apply to the English court for financial provision for your child under Schedule 1 of the Children Act 1989 (subject to eligibility).
You may also be able to make a claim to CMEC (formerly the CSA) for child maintenance payments.
For more information click here.
Child maintenance payments
Depending upon your personal circumstances and the identity and structure of your family, you may be able to apply to CMEC for child maintenance payments (formerly the CSA) for your child. However, this is only relevant where maintenance payments are sought from a qualifying parent or adoptive parent – not step-parents, former cohabitants or some non birth lesbian mothers.
Alternative family structures and financial provision for a child
Whether or not an individual is financially responsible for child in law can become a complex issue for alternative family structures and those created through assisted conception, particularly:
• For solo mothers conceiving with known donors (where a known donor may or may not be financially responsible for the child)
• Intended parents through surrogacy (where one or both intended parents will not be automatically financially responsible for their child at birth)
• A male co-parent (who may or may not be financially responsible for the child)
• A non birth lesbian mother (who may or may not be financially responsible for the child of her and her partner)
The cost of caring for and bringing up a child can be very significant, making proper financial provision for a child important, whatever your personal situation and regardless of the identity of your family. We can help advise you on your options and help you secure financial provision for your child.
As the number of alternative family structures grows, the English court has had to consider an increasingly diverse range of circumstances where legal difficulties have arisen concerning financial provision for a child, including:
- T v B [2010] – dispute over financial provision for a child between a non civil partner lesbian couple where the court held the non birth mother was not a ‘parent’ and therefore not financially responsible for the child.
How we can help
We can help with:
- Advice about financial provision for a child (whether you are a parent, step-parent, unmarried biological father, known donor, same-sex partner)
- Advice and representation in legal proceedings for financial provision for a child (including income and capital awards and education costs where appropriate)
- Preparation of specialist Wills to financially benefit a child
- Advice and preparation of private agreements concerning financial provision for a child
- Help with mediation to reach a financial settlement for a child (we have expert lawyer mediators)
- Help with collaborative law to reach a financial settlement for a child (we have expert collaboratively trained lawyers)
Please contact us for further advice and assistance by email fertilityandparenting@porterdodson.co.uk or by telephone +44 (0)207 222 1244.
+44 (0)207 222 1244
