header-logo header-logo

Financial provision for children: needs must

20 September 2024 / Samantha Farndale , Tara Lyons
Issue: 8086 / Categories: Features , Family , Divorce , Child law
printer mail-detail
189730
Samantha Farndale & Tara Lyons analyse two Schedule 1 cases, both showing the court’s focus on needs in relation to financial provision for children
  • This article explains the purpose of the Children Act 1989, Sch 1, which is often used when the parties have not been married.
  • It sets out the approach of the court in PS v CS [2023] EWFC 323 (B), a modest asset Sch 1 case, and the high-profile case of footballer Kyle Walker and his mistress Lauryn Goodman, both of which highlight the court’s focus on the genuine needs of the children.

The purpose of Sch 1 to the Children Act 1989 is to allow the court to make financial provision for the children of separating parents, or parents who are not married. Claims are usually, although not always, made when the resident parent seeks financial support from the (wealthier) non-resident parent. This can be in relation to education and child maintenance, and can include periodic payments or a lump sum.

It

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll