‘Can I claim payments towards my child beyond child maintenance from a former partner if we’ve not been married?’
This article is part of a series of articles that aim to debunk the top 10 myths and misconceptions around divorce and finances that we have come across with our clients.
It is a common misconception in family law that if you’re not married and you have children with another person, you don’t have any financial entitlement beyond child maintenance if your relationship breaks down.
Financial claims towards a child
Whilst those who live together don’t have any claims against each other resulting from their relationship, the law does recognise and allow claims being brought on behalf of dependent children in this situation.
When faced with a reduction in household income brought about through the breakdown of a relationship, such claims can prove a valuable lifeline for single parents.
Whilst such claims are limited to the housing and income needs of those dependent children, the question as to what those needs are is very much bespoke and dependent on many different variables, including incomes, earning capacities, property, and current and future resources. Also relevant to such claims, is the manner in which the child was being or was expected to be trained or educated whilst the couple were together. Much is going to depend on the circumstances of the family unit before the relationship broke down.
Claims where a child has a mental or physical disability
Additional relevant factors that are important to many families are the needs and requirements brought about through the physical or mental disability of a child. The resultant costs in this situation can be significant and, on the breakdown of an unmarried relationship, there can be a tendency to reluctantly shoulder the burden of those costs yourself, in the belief that there is nothing that can be done. There are however approaches that can be taken to achieve a regular payment of maintenance (on top of any payments for child maintenance) from an absent parent to help meet the costs resulting from these and other expenses.
Claims like this are possible through relying on schedule 1 of the Children Act 1989, which gives parents the ability to pursue claims from the other parent toward the cost of such expenses. The resulting payments can carry on for as long as the child is under 18 or in full time education. If the child has a mental or physical disability then payments arising from such claims can be longer lasting.
Claims of this nature do not necessarily have to be resolved in Court. In fact, the Courts are often the route of last resort and looked at only if it isn’t possible to agree on a reasonable outcome without the input of a judge. The focus for many of our clients in this situation will be on trying to agree an outcome with their former partner. This can be done through mediation or negotiation in another format. If an unrealistic approach is being taken by a former partner or they are simply refusing to engage, then it can be necessary to involve the court process to compel their involvement. This process, whilst not entered into lightly, can bring about a cost effective and long lasting court imposed outcome that can provide security to families for many years.
Support and advice on claims towards a child
It is important if you are going to explore these options, that you look to do so with the support of advice from an expert in this field. Our lawyers at Stephens Scown are able to consult with you and discuss the merits of such an approach and possible creative solutions that could bring about a quicker, cost effective outcome.
To see the full series of our Top 10 divorce finance myths, please click here.