Financial provision for a child

There are a number of ways you can secure financial provision for a child, including:

  • Apply to the English court for financial provision for a child of the family within divorce or civil partnership dissolution proceedings
  • Apply to the English court for financial provision for a child under Schedule 1 of the Children Act 1989 (subject to eligibility)
  • Apply to CMEC for child maintenance payments (formerly the CSA and only relevant where maintenance payments are sought from a qualifying parent or adoptive parent – not step-parents, former cohabitants or some non birth lesbian mothers)
  • By private agreement

Whether or not an individual is financially responsible for child in law can become a complex issue for alternative family structures and those created through assisted conception, particularly:

  • For solo mothers conceiving with known donors (where a known donor may or may not be financially responsible for the child)
  • Intended parents through surrogacy (where one or both intended parents will not be automatically financially responsible for their child at birth)
  • A male co-parent (who may or may not be financially responsible for the child)
  • A non birth lesbian mother (who may or may not be financially responsible for the child of her and her partner)

The cost of caring for and bringing up a child can be very significant.

How I can help

I can:

  • Advise on  financial provision for a child (whether you are a parent, step-parent, unmarried biological father, known donor, same-sex partner)
  • Advise and represent you in legal proceedings for financial provision for a child (including income and capital awards and education costs where appropriate)
  • Prepare specialist Wills to financially benefit a child
  • Advise and prepare private agreements concerning financial provision for a child (including donor and co-parenting agreements)

For more information or to discuss your situation in more detail contact me by email louisa.ghevaert@michelmores.com or by telephone +44 (0)207 7886382.  You can also find out more about financial provision for a child, children and parenting law, family law and disputes and fertility law at Michelmores’ specialist website www.michelmores.com/what-we-do/services/fertility-law.