What is Schedule 1 of the Children Act 1989?

The recent case of Goodman v Walker has brought claims made under Schedule 1 of the Children Act 1989 to the forefront of the media. But what is a Schedule 1 claim and how does it differ from a claim under the Child Maintenance Service [CMS]? 

Schedule 1, Children Act 1989

The aim of Schedule 1 of the Children Act 1989 is to protect children’s welfare. This is done by providing a way to enable children to get financial support from their parents, even if the parents are not married. 

Who Can Make a Schedule 1 Claim?

• Parents
• Guardians
• The child (if they are over the age of 18)

What Can You Claim For?

A Schedule 1 claim can help cover various financial needs for the child such as: 

• Regular payments
• One-time payments
• Housing 

What Does the Court Consider?

When deciding on a Schedule 1 claim, the Court looks at the:

• Child’s needs
• Parents’ finances
• Parents’ other responsibilities 
• Child’s standard of living

How is it different to the Child Maintenance Service?

The CMS uses a set formula to calculate child maintenance payments based on the non-resident parent’s gross income. 

A CMS calculation uses a standardised approach with less flexibility compared to the Court’s ability to use discretion based on the specific needs of the child and the financial circumstances of both parents. 

If you need advice on Schedule 1 claims, please get in touch with me via my profile page or call 01295 204009 or slee-smith@se-solicitors.co.uk.