Financial Applications on behalf of children
The courts retain powers to make orders for stepchildren and other order children for whom the Child Support Agency cannot act. This includes children whose non-resident parent works abroad (where he is not employed by a UK based company). Even where the CSA has jurisdiction over maintenance you can still apply to the court.
- for an order for school fees
- for the particular needs of a disabled child
- for a ‘top-up’ order if the non-resident parent’s net weekly income is more than £2000
- to vary an existing order
- for a capital sum or a property order
The orders the court can make for children
- Periodical payments (maintenance). Periodical payments can be secured which means that they are guaranteed by a deposit of capital money, or charged on a property.
- A lump sum.
- A settlement of property.
- A transfer of property to the applicant for the benefit of the child or directly to the child (a transfer of property could cover a transfer of a tenancy as well).
If you are in the process of a divorce and your children have been treated as children of the family by your spouse/cp, who is their step-parent, you can apply to the court in those proceedings. If there are no divorce proceedings then you make the application under the scope of the Children Act 1989.
Applications outside divorce proceedings can be made to The Principal Registry, the county court or the High Court. The magistrates’ court has power to order only periodical payments or a lump sum, so is to be avoided.
Needs and Resources
The court must look at all the circumstances, including the income, earning capacity of the parties (and the financial position of the child), their needs and obligations, any physical or mental disability of the child and the way in which the child was (or expects to be) educated or trained.
Applications by children over 18
Children over 18 can apply for monthly payments or a lump sum if he or she is in full time education or training (although this would also cover situations where the son or daughter was working in the evenings to supplement his or her income while in continuing education).
Applications by children over 18 can be made only if the parents (whether married or not) are no longer living together in the same household and there was no previous maintenance order in existence before the child’s sixteenth birthday. In other words, this provision is intended for children who plan to go on to further education and whose parents have comparatively recently split up. Instead of the parent being forced to go to court to chase up maintenance payments, the son or daughter can make his or her own application. Such children can also apply if they are not covered by the CSA, that is they are 19 or over.
Consult the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or email law@rhplaw.co.uk.
