SCHEDULES
SCHEDULE 1 Financial Provision for Children
Orders for financial relief against parents
I11
1
On an application made by a parent F1, guardian or special guardian of a child, or by any person F36who is named in a child arrangements order as a person with whom a child is to live , the court F40may make one or more of the orders mentioned in sub-paragraph (2).
F39a
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F39b
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2
The orders referred to in sub-paragraph (1) are—
a
an order requiring either or both parents of a child—
i
to make to the applicant for the benefit of the child; or
ii
to make to the child himself,
such periodical payments, for such term, as may be specified in the order;
b
an order requiring either or both parents of a child—
i
to secure to the applicant for the benefit of the child; or
ii
to secure to the child himself,
such periodical payments, for such term, as may be so specified;
c
an order requiring either or both parents of a child—
i
to pay to the applicant for the benefit of the child; or
ii
to pay to the child himself,
such lump sum as may be so specified;
d
an order requiring a settlement to be made for the benefit of the child, and to the satisfaction of the court, of property—
i
to which either parent is entitled (either in possession or in reversion); and
ii
which is specified in the order;
e
an order requiring either or both parents of a child—
i
to transfer to the applicant, for the benefit of the child; or
ii
to transfer to the child himself,
such property to which the parent is, or the parents are, entitled (either in possession or in reversion) as may be specified in the order.
3
The powers conferred by this paragraph may be exercised at any time.
4
An order under sub-paragraph (2)(a) or (b) may be varied or discharged by a subsequent order made on the application of any person by or to whom payments were required to be made under the previous order.
5
Where a court makes an order under this paragraph—
a
it may at any time make a further such order under sub-paragraph (2)(a), (b) or (c) with respect to the child concerned if he has not reached the age of eighteen;
b
it may not make more than one order under sub-paragraph (2)(d) or (e) against the same person in respect of the same child.
6
On making, varying or discharging F37... F2 a special guardianship orderF38, or on making, varying or discharging provision in a child arrangements order with respect to the living arrangements of a child, the court may exercise any of its powers under this Schedule even though no application has been made to it under this Schedule.
F356A
For the purposes of sub-paragraph (6) provision in a child arrangements order is with respect to the living arrangements of a child if it regulates arrangements relating to—
a
with whom the child is to live, or
b
when the child is to live with any person.
F37
Where a child is a ward of court, the court may exercise any of its powers under this Schedule even though no application has been made to it.
Orders for financial relief for persons over eighteen
I22
1
If, on an application by a person who has reached the age of eighteen, it appears to the court—
a
that the applicant is, will be or (if an order were made under this paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or
b
that there are special circumstances which justify the making of an order under this paragraph,
the court may make one or both of the orders mentioned in sub-paragraph (2).
2
The orders are—
a
an order requiring either or both of the applicant’s parents to pay to the applicant such periodical payments, for such term, as may be specified in the order;
b
an order requiring either or both of the applicant’s parents to pay to the applicant such lump sum as may be so specified.
3
An application may not be made under this paragraph by any person if, immediately before he reached the age of sixteen, a periodical payments order was in force with respect to him.
4
No order shall be made under this paragraph at a time when the parents of the applicant are living with each other in the same household.
5
An order under sub-paragraph (2)(a) may be varied or discharged by a subsequent order made on the application of any person by or to whom payments were required to be made under the previous order.
6
In sub-paragraph (3) “periodical payments order” means an order made under—
a
this Schedule;
F4b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
section 23 or 27 of the M1Matrimonial Causes Act 1973;
d
Part I of the M2Domestic Proceedings and Magistrates’ Courts Act 1978,
F5e
Part 1 or 9 of Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.);
f
Schedule 6 to the 2004 Act (financial relief in the magistrates' courts etc.),
for the making or securing of periodical payments.
7
The powers conferred by this paragraph shall be exercisable at any time.
8
Where the court makes an order under this paragraph it may from time to time while that order remains in force make a further such order.
Duration of orders for financial relief
I33
1
The term to be specified in an order for periodical payments made under paragraph 1(2)(a) or (b) in favour of a child may begin with the date of the making of an application for the order in question or any later date F6or a date ascertained in accordance with sub-paragraph (5) or (6) but—
a
shall not in the first instance extend beyond the child’s seventeenth birthday unless the court thinks it right in the circumstances of the case to specify a later date; and
b
shall not in any event extend beyond the child’s eighteenth birthday.
2
Paragraph (b) of sub-paragraph (1) shall not apply in the case of a child if it appears to the court that—
a
the child is, or will be or (if an order were made without complying with that paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or
b
there are special circumstances which justify the making of an order without complying with that paragraph.
3
An order for periodical payments made under paragraph 1(2)(a) or 2(2)(a) shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order.
4
Where an order is made under paragraph 1(2)(a) or (b) requiring periodical payments to be made or secured to the parent of a child, the order shall cease to have effect if —
a
any parent making or securing the payments; and
b
any parent to whom the payments are made or secured,
live together for a period of more than six months.
F75
Where—
b
an application is made for an order under paragraph 1(2)(a) or (b) of this Schedule for periodical payments in favour of that child—
i
in accordance with section 8 of the Child Support Act 1991 M3; and
ii
before the end of the period of 6 months beginning with the making of the F9current calculation,
the term to be specified in any such order made on that application may be expressed to begin on, or at any time after, the earliest permitted date.
6
For the purposes of subsection (5) above, “the earliest permitted date” is whichever is the later of—
a
the date 6 months before the application is made; or
7
Where—
a
b
an application is made, before the end of the period of 6 months beginning with the relevant date, for an order for periodical payments under paragraph 1(2)(a) or (b) in favour of a child with respect to whom that F8maintenance calculation was in force immediately before it ceased to have effect F13or was cancelled,
8
In sub-paragraph (7)(b)—
a
b
where the maintenance assessment was cancelled, the relevant date is the later of—
i
the date on which the person who cancelled it did so, and
ii
the date from which the cancellation first had effect.
Matters to which court is to have regard in making orders for financial relief
I44
1
In deciding whether to exercise its powers under paragraph 1 or 2, and if so in what manner, the court shall have regard to all the circumstances including—
a
the income, earning capacity, property and other financial resources which each person mentioned in sub-paragraph (4) has or is likely to have in the foreseeable future;
b
the financial needs, obligations and responsibilities which each person mentioned in sub-paragraph (4) has or is likely to have in the foreseeable future;
c
the financial needs of the child;
d
the income, earning capacity (if any), property and other financial resources of the child;
e
any physical or mental disability of the child;
f
the manner in which the child was being, or was expected to be, educated or trained.
2
In deciding whether to exercise its powers under paragraph 1 against a person who is not the mother or father of the child, and if so in what manner, the court shall in addition have regard to—
a
whether that person had assumed responsibility for the maintenance of the child and, if so, the extent to which and basis on which he assumed that responsibility and the length of the period during which he met that responsibility;
b
whether he did so knowing that the child was not his child;
c
the liability of any other person to maintain the child.
3
Where the court makes an order under paragraph 1 against a person who is not the father of the child, it shall record in the order that the order is made on the basis that the person against whom the order is made is not the child’s father.
4
The persons mentioned in sub-paragraph (1) are—
a
in relation to a decision whether to exercise its powers under paragraph 1, any parent of the child;
b
in relation to a decision whether to exercise its powers under paragraph 2, the mother and father of the child;
c
the applicant for the order;
d
any other person in whose favour the court proposes to make the order.
F165
In the case of a child who has a parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, any reference in sub-paragraph (2), (3) or (4) to the child's father is a reference to the woman who is a parent of the child by virtue of that section.
Provisions relating to lump sums
I55
1
Without prejudice to the generality of paragraph 1, an order under that paragraph for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses—
a
incurred in connection with the birth of the child or in maintaining the child; and
b
reasonably incurred before the making of the order,
to be met.
F412
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3
The power of the court under paragraph 1 or 2 to vary or discharge an order for the making or securing of periodical payments by a parent shall include power to make an order under that provision for the payment of a lump sum by that parent.
F424
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5
An order made under paragraph 1 or 2 for the payment of a lump sum may provide for the payment of that sum by instalments.
6
Where the court provides for the payment of a lump sum by instalments the court, on an application made either by the person liable to pay or the person entitled to receive that sum, shall have power to vary that order by varying—
a
the number of instalments payable;
b
the amount of any instalment payable;
c
the date on which any instalment becomes payable.
F177
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.
Variation etc. of orders for periodical payments
I66
1
In exercising its powers under paragraph 1 or 2 to vary or discharge an order for the making or securing of periodical payments the court shall have regard to all the circumstances of the case, including any change in any of the matters to which the court was required to have regard when making the order.
2
The power of the court under paragraph 1 or 2 to vary an order for the making or securing of periodical payments shall include power to suspend any provision of the order temporarily and to revive any provision so suspended.
3
Where on an application under paragraph 1 or 2 for the variation or discharge of an order for the making or securing of periodical payments the court varies the payments required to be made under that order, the court may provide that the payments as so varied shall be made from such date as the court may specify, F18except that, subject to sub-paragraph (9), the date shall not be earlier than the date of the making of the application.
4
An application for the variation of an order made under paragraph 1 for the making or securing of periodical payments to or for the benefit of a child may, if the child has reached the age of sixteen, be made by the child himself.
5
Where an order for the making or securing of periodical payments made under paragraph 1 ceases to have effect on the date on which the child reaches the age of sixteen, or at any time after that date but before or on the date on which he reaches the age of eighteen, the child may apply to the court which made the order for an order for its revival.
6
If on such an application it appears to the court that—
a
the child is, will be or (if an order were made under this sub-paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or
b
there are special circumstances which justify the making of an order under this paragraph,
the court shall have power by order to revive the order from such date as the court may specify, not being earlier than the date of the making of the application.
7
Any order which is revived by an order under sub-paragraph (5) may be varied or discharged under that provision, on the application of any person by whom or to whom payments are required to be made under the revived order.
8
An order for the making or securing of periodical payments made under paragraph 1 may be varied or discharged, after the death of either parent, on the application of a guardian or F19 special guardian of the child concerned.
F209
Where—
a
an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;
b
the order requires payments specified in it to be made to or for the benefit of more than one child without apportioning those payments between them;
c
d
an application is made, before the end of the period of 6 months beginning with the date on which F22the calculation was made, for the variation or discharge of the order,
the court may, in exercise of its powers under paragraph 1 to vary or discharge the order, direct that the variation or discharge shall take effect from the date on which F22the calculation took effect or any later date.
F24Variation of orders for periodical payments etc. made by magistrates’ courts
F23C1 6A
1
a
under paragraph 1 or 2 to vary an order for the making of periodical payments, or
b
under paragraph 5(6) to vary an order for the payment of a lump sum by instalments,
shall include power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under F48section 1(4) and (4A) of the Maintenance Enforcement Act 1991 .
F53 2
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F53 3
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F53 4
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F53 5
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6
7
Before varying the order by exercising one of its powers under F49section 1(4) and (4A) of the Maintenance Enforcement Act 1991 , the court shall have regard to any representations made by the parties to the application.
F45 8
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9
None of the powers of the court F43 ... , conferred by this paragraph shall be exercisable in relation to an order under this Schedule for the making of periodical payments, or for the payment of a lump sum by instalments, F44 unless at the time when the order was made the person required to make the payments was ordinarily resident in England and Wales.
F50 10
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Variation of orders for secured periodical payments after death of parent
I77
1
Where the parent liable to make payments under a secured periodical payments order has died, the persons who may apply for the variation or discharge of the order shall include the personal representatives of the deceased parent.
2
No application for the variation of the order shall, except with the permission of the court, be made after the end of the period of six months from the date on which representation in regard to the estate of that parent is first taken out.
3
The personal representatives of a deceased person against whom a secured periodical payments order was made shall not be liable for having distributed any part of the estate of the deceased after the end of the period of six months referred to in sub-paragraph (2) on the ground that they ought to have taken into account the possibility that the court might permit an application for variation to be made after that period by the person entitled to payments under the order.
4
Sub-paragraph (3) shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the variation of an order in accordance with this paragraph.
5
Where an application to vary a secured periodical payments order is made after the death of the parent liable to make payments under the order, the circumstances to which the court is required to have regard under paragraph 6(1) shall include the changed circumstances resulting from the death of the parent.
F676
The following are to be left out of account when considering for the purposes of sub-paragraph (2) when representation was first taken out—
a
a grant limited to settled land or to trust property,
b
any other grant that does not permit any of the estate to be distributed,
c
a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time,
d
a grant, or its equivalent, made outside the United Kingdom (but see sub-paragraph (6A)).
6A
A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of sub-paragraph (6), but is to be taken as dated on the date of sealing.
7
In this paragraph “secured periodical payments order” means an order for secured periodical payments under paragraph 1(2)(b).
Financial relief under other enactments
I88
1
This paragraph applies where a F55 child arrangements order to which sub-paragraph (1A) appliesF25or a special guardianship order is made with respect to a child at a time when there is in force an order (“the financial relief order") made under any enactment other than this Act and requiring a person to contribute to the child’s maintenance.
F541A
This sub-paragraph applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—
a
with whom the child concerned is to live, and
b
when the child is to live with any person.
2
Where this paragraph applies, the court may, on the application of—
a
any person required by the financial relief order to contribute to the child’s maintenance; or
b
make an order revoking the financial relief order, or varying it by altering the amount of any sum payable under that order or by substituting the applicant for the person to whom any such sum is otherwise payable under that order.
Interim orders
I99
1
Where an application is made under paragraph 1 or 2 the court may, at any time before it disposes of the application, make an interim order—
a
requiring either or both parents to make such periodical payments, at such times and for such term as the court thinks fit; and
b
giving any direction which the court thinks fit.
2
An interim order made under this paragraph may provide for payments to be made from such date as the court may specify F26except that, subject to paragraph 3(5) and (6), the date shall not be earlier than the date of the making of the application under paragraph 1 or 2.
3
An interim order made under this paragraph shall cease to have effect when the application is disposed of or, if earlier, on the date specified for the purposes of this paragraph in the interim order.
4
An interim order in which a date has been specified for the purposes of sub-paragraph (3) may be varied by substituting a later date.
Alteration of maintenance agreements
I1010
1
In this paragraph and in paragraph 11 “maintenance agreement” means any agreement in writing made with respect to a child, whether before or after the commencement of this paragraph, which—
a
is or was made between the father and mother of the child; and
b
contains provision with respect to the making or securing of payments, or the disposition or use of any property, for the maintenance or education of the child,
and any such provisions are in this paragraph, and paragraph 11, referred to as “financial arrangements”.
2
F33Subject to sub-paragraph (2A), where a maintenance agreement is for the time being subsisting and each of the parties to the agreement is for the time being either domiciled or resident in England and Wales, then, either party may apply to the court for an order under this paragraph.
F322A
If an application or part of an application relates to a matter F70in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18.
2B
In sub-paragraph (2A), F71“the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.
3
If the court to which the application is made is satisfied either—
a
that, by reason of a change in the circumstances in the light of which any financial arrangements contained in the agreement were made (including a change foreseen by the parties when making the agreement), the agreement should be altered so as to make different financial arrangements; or
b
that the agreement does not contain proper financial arrangements with respect to the child,
then that court may by order make such alterations in the agreement by varying or revoking any financial arrangements contained in it as may appear to it to be just having regard to all the circumstances.
4
If the maintenance agreement is altered by an order under this paragraph, the agreement shall have effect thereafter as if the alteration had been made by agreement between the parties and for valuable consideration.
5
Where a court decides to make an order under this paragraph altering the maintenance agreement—
a
by inserting provision for the making or securing by one of the parties to the agreement of periodical payments for the maintenance of the child; or
b
by increasing the rate of periodical payments required to be made or secured by one of the parties for the maintenance of the child,
then, in deciding the term for which under the agreement as altered by the order the payments or (as the case may be) the additional payments attributable to the increase are to be made or secured for the benefit of the child, the court shall apply the provisions of sub-paragraphs (1) and (2) of paragraph 3 as if the order were an order under paragraph 1(2)(a) or (b).
F586
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7
For the avoidance of doubt it is hereby declared that nothing in this paragraph affects any power of a court before which any proceedings between the parties to a maintenance agreement are brought under any other enactment to make an order containing financial arrangements or any right of either party to apply for such an order in such proceedings.
F278
In the case of a child who has a parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, the reference in sub-paragraph (1)(a) to the child's father is a reference to the woman who is a parent of the child by virtue of that section.
I1111
1
Where a maintenance agreement provides for the continuation, after the death of one of the parties, of payments for the maintenance of a child and that party dies domiciled in England and Wales, the surviving party or the personal representatives of the deceased party may apply to the High Court or F59the family court for an order under paragraph 10.
2
If a maintenance agreement is altered by a court on an application under this paragraph, the agreement shall have effect thereafter as if the alteration had been made, immediately before the death, by agreement between the parties and for valuable consideration.
3
An application under this paragraph shall not, except with leave of the High Court or F60the family court, be made after the end of the period of six months beginning with the day on which representation in regard to the estate of the deceased is first taken out.
F664
The following are to be left out of account when considering for the purposes of sub-paragraph (3) when representation was first taken out—
a
a grant limited to settled land or to trust property,
b
any other grant that does not permit any of the estate to be distributed,
c
a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time,
d
a grant, or its equivalent, made outside the United Kingdom (but see sub-paragraph (4A)).
4A
A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of sub-paragraph (4), but is to be taken as dated on the date of sealing.
F615
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6
The provisions of this paragraph shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiry of the period of six months referred to in sub-paragraph (3) on the ground that they ought to have taken into account the possibility that a court might grant leave for an application by virtue of this paragraph to be made by the surviving party after that period.
7
Sub-paragraph (6) shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this paragraph.
Enforcement of orders for maintenance
12
I121
Any person for the time being under an obligation to make payments in pursuance of any order for the payment of money made by F62the family court under this Act shall give notice of any change of address to such person (if any) as may be specified in the order.
2
Any person failing without reasonable excuse to give such a notice shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
F633
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Direction for settlement of instrument by conveyancing counsel
I1313
Where the High Court or F65the family court decides to make an order under this Act for the securing of periodical payments or for the transfer or settlement of property, it may direct that the matter be referred to one of the conveyancing counsel of the court to settle a proper instrument to be executed by all necessary parties.
F34Jurisdiction F68...
Sch. 1 para. 14 cross-heading substituted (7.12.2012) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(2), Sch. 5 para. 3
Words in Sch. 1 para. 14 cross-heading omitted (31.12.2020) by virtue of S.I. 2019/519, Sch. para. 17(2A) (as inserted by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/836), regs. 1, 2(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)
F6914
1
The court has jurisdiction in relation to an application under paragraph 1 in respect of a child if any of the following persons are habitually resident or domiciled in England and Wales on the date of the application—
a
a parent of the child;
b
a guardian or special guardian of the child;
c
a person who is named in a child arrangements order as a person with whom the child is to live;
d
the child.
2
The court has jurisdiction in relation to an application under paragraph 2 if the applicant or a parent against whom the order is sought or made is habitually resident or domiciled in England and Wales on the date of the application.
Local authority contribution to child’s maintenance
I1415
1
Where a child lives, or is to live, with a person as the result of a F64child arrangements order, a local authority may make contributions to that person towards the cost of the accommodation and maintenance of the child.
2
Sub-paragraph (1) does not apply where the person with whom the child lives, or is to live, is a parent of the child or the husband or wife F28or civil partner of a parent of the child.
Interpretation
I1516
1
In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.
F292
In this Schedule, except paragraphs 2 and 15, “parent” includes—
a
any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and
b
any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;
and for this purpose any reference to either parent or both parents shall be read as a reference to any parent of his and to all of his parents.
F303
In this Schedule, “ F31maintenance calculation" has the same meaning as it has in the Child Support Act 1991 by virtue of section 54 of that Act as read with any regulations in force under that section.
Sch. 1 para. 6A inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 6; S.I. 1992/455, art. 2