If You Have Children Together
Even without marriage, if you have children together you have more legal options than most people realise. The law treats children's financial needs seriously regardless of whether their parents were ever married.
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Child Maintenance Service (CMS)
The starting point for all child maintenance - Regular payments made by the parent who does not live with the child to help with the cost of bringing the child up. Usually arranged through the Child Maintenance Service., married or not. The CMS - Child Maintenance Service. The government body that calculates and collects child maintenance payments if parents cannot agree arrangements themselves. calculates payments based on the paying parent's income. Either parent can apply. If you can agree privately, you don't need the CMS, but if you can't, it has enforcement powers.
gov.uk/calculate-your-child-maintenanceSchedule 1 Children Act
If the standard CMS calculation doesn't cover everything, or there's no CMS jurisdiction, a court can make additional orders under Schedule 1. This is available to unmarried parents.
What Schedule 1 can cover:
- •Top-up maintenance beyond CMS limits (for high earners)
- •School fees and educational expenses
- •Costs related to a disability
- •Lump sums for specific items
Important: Schedule 1 orders are for the benefit of the child, not the parent.
Housing for your child: Schedule 1
If the family home is in the other parent's name, a court can order them to allow the parent caring for the children to remain in the property (or provide alternative housing) until the children reach a certain age or finish education.
Schedule 1 vs divorce financial orders
| Married (financial remedy - The legal process for dividing money, property, pensions, and other assets after divorce. Also called financial proceedings or ancillary relief.) | Unmarried (Schedule 1) | |
|---|---|---|
| Who is it for? | Both spouses | The children |
| Property transfer? | Yes, permanently | Housing only, usually temporary |
| Maintenance for the parent? | Yes (spousal maintenance - Regular payments made by one ex-spouse to the other after divorce to help them meet their living costs. Can be for a set period or, in rare cases, for life.) | No (only for the child) |
| Pension sharing - A way of dividing pensions on divorce. A percentage of one person’s pension is transferred into a pension in the other person’s name.? | ✓ Yes | ✗ No |
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