Divorce Column September 2025

Understanding Schedule 1 Children Act 1989
What is Schedule 1? When parents separate it’s important to make sure that any children of the family are properly supported, financially as well as emotionally, and this is where Schedule 1 may, in some situations, be of help. It’s probably fair to say that most, if not all, parents are aware of the Child Maintenance Service (CMS) but in my experience many parents are unaware of Schedule 1 of the Children Act. However, sometimes the CMS isn’t enough to meet a child’s particular needs and this is where Schedule 1 Children Act 1989 could come into its own.
While Schedule 1 is not limited to unmarried parents it is most frequently used in situations involving parents who are not married or not in a civil partnership. This is because unmarried couples who separate don’t have the same automatic financial rights as divorcing couples. In short, Schedule 1 allows one parent to apply to the family court for an order for financial support for a child from the other parent and can be especially useful where some specific or additional financial provision beyond the scope of the CMS may be needed.
Under Schedule 1 various types of court orders can be made such as lump sum payments (one-off payments), periodical payments (regular payments for maintenance – perhaps where the CMS doesn’t apply or perhaps in addition to CMS support), secured periodical payments (where payments are secured against assets) and if needed the transfer of property for the benefit of the child to meet their housing needs.
When considering whether to make a Schedule 1 order, and if so what order to make, the court would look at the full circumstances of both parents and the child, including income, assets and needs, including any health or disability needs and also future education plans if relevant.
For expert advice and assistance regarding divorce, separation and related matters please get in touch – we have a great deal of experience advising, guiding and supporting clients in all aspects of family law.