Financial Claims for the Benefit of Children

What orders can the court make for a child?

  • An order requiring a parent to pay periodical payments (i.e. maintenance);
  • An order requiring a parent to secure periodical payments (i.e. maintenance) for which security is provided, for example against an asset;
  • An order requiring a parent to pay a lump sum;
  • An order requiring a settlement to be made for the benefit of the child;
  • An order requiring a parent to transfer property they own for the benefit of the child.
How is parent and child defined?
  • “Parents” includes a child’s natural mother and father and also any party to a marriage (even if no longer married) in relation to whom the child concerned is a child of the family;
  • A “child of the family” is a child of both parties, or any other child (but not a child who is being fostered) who is being treated by both of those parties as a child of their family.
Who can apply?
  • A parent or guardian of a child;
  • A person who has a residence order;
  • A child over the age of 18.

What is taken into account by the Court?

In deciding whether to make an order the court shall have regard to all the circumstances including:
  • The income, earning capacity, property and other financial resources which each parent of the child has, or is likely to have, in the foreseeable future;
  • The financial needs, obligations and responsibility which each of the parents has or is likely to have in the foreseeable future;
  • The financial needs of the child;
  • The income, earning capacity (if any), property and other financial resources of the child;
  • Any physical or mental disability of the child;
  • The manner in which the child was being, or was expected to be, educated or trained.

If you would like an appointment with one of our specialists then please contact Miriam our Practice Manager on 01273 646900