Financial claims for children following parental separation: child maintenance and Schedule 1

In the recent case of Green v Adams [2017] EWFC 24 Mr Justice Mostyn discussed the constraints of child support and the perceived shortcomings in the latest child maintenance regime (introduced by the Child Maintenance and Other Payments Act 2008).

Background

The parties were an unmarried couple with one child. They separated shortly after the child was born and were engaged in litigation (in various forums) since 2003. The father (F) was a wealthy individual whilst the mother (M) was of more modest means and was the primary carer of the parties’ son.

Child maintenance claims were pursued by M, followed by various appeals and further assessments instigated by both parties at various stages. Proceedings were also pursued by M under Sch 1 of the Children Act 1989 (which is often utilised by unmarried parents to pursue financial provision in respect of their children).

At the conclusion of the initial Sch 1 proceedings in 2005, orders were made that F provide the sum of £220,000 to provide the child with a home, and £24,800 towards moving costs.

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