Tis the Season for Support: Understanding Child Maintenance and Schedule 1 Claims

When parents separate, ensuring that children continue to receive the financial support they need can be challenging. The Child Maintenance Service (CMS) provides a standardised way for non-resident parents to contribute to their child’s everyday costs. There are, however, times when a child’s needs go beyond what the CMS formula can provide. In these situations, a Schedule 1 claim under the Children Act 1989 allows a parent to ask the court for additional financial provision, tailored to the child’s individual needs.

The CMS is the government body that calculates and enforces child maintenance payments between separated parents.

A claim is made by the parent with whom the child lives, seeking financial support from the non-resident parent.

How does the CMS calculate maintenance?

The CMS uses a statutory formula to calculate child maintenance. The calculation is based on the gross annual income of the non-resident / paying parent, after certain deductions are made, such as pension contributions.

Factors that can influence the amount of child maintenance include:

• The number of children requiring maintenance
• How many overnight stays the child has with the paying parent
• Whether the paying parent has other children they are financially responsible for

The CMS calculates maintenance based on income up to £3,000 per week (£156,000 per annum). If the paying parent earns more than this, or if one parent lives abroad, the court can step in to make additional provision. This often happens where a child’s needs go beyond what the CMS formula covers. In such cases, parents can apply to the court for extra support through a Schedule 1 claim under the Children Act 1989.

What is a Schedule 1 Claim?

A Schedule 1 claim is an application to the court for financial provision for a child when standard CMS payments are insufficient.

In practice, these claims are most commonly used by unmarried parents, as the financial remedies available on divorce under the Matrimonial Causes Act are not accessible to them.

These claims are needs-based, focusing on the child’s welfare rather than equalising parental lifestyles.

Typical orders include:

• Housing provision: A property for the child and primary carer to live in until adulthood
• Lump sums: For essential items such as furniture or school equipment
• Top-up maintenance: Where the CMS maximum applies and the paying parent’s income exceeds the cap

They can also cover school fees, medical treatment, and extra-curricular activities, among other expenses.

Schedule 1 claims are therefore more flexible and tailored to the child’s needs, ensuring full financial support beyond routine maintenance.

When should you consider a Schedule 1 Claim?

• If the paying parent’s income exceeds the CMS limit
• If one parent lives outside the UK and the CMS cannot assist
• If additional provision is needed for housing or education

Key considerations

• Start with the CMS: A CMS assessment is usually required before seeking a top-up order
• Focus on the child’s needs: Schedule 1 is not about lifestyle parity between parents
• Plan ahead: Applications can take time, so early advice is essential

If you need further guidance on child maintenance and / or are considering a Schedule 1 Claim, please get in touch with a member of the London Family Team. At Freeths, we provide clear, practical advice tailored to your circumstances.