When Child Maintenance Isn’t Enough: The Power of Schedule 1
Not every child support case is solved by the CMS.
Schedule 1 of the Children Act 1989 usually appears in a very specific scenario: the parents were never married, one parent is a high earner, the child needs more than basic monthly maintenance — or the paying parent lives abroad and the CMS cannot act.
In those cases, Schedule 1 is the missing piece.
It bridges the gap between statutory maintenance and full matrimonial financial remedies. For unmarried families in particular, it can be the only route to real capital provision for a child.
Why It Matters
The CMS can assess maintenance. That’s it.
It cannot order:
- Lump sums
- School fees funds
- Property transfers
- Housing provision
Schedule 1 exists because children’s needs are rarely limited to a monthly payment. Where housing, education funding or defined capital support is required, the court needs wider powers — and Schedule 1 provides them.
What the Court Can Do
Schedule 1 is focused, but powerful.
The court can order ongoing maintenance. It can order lump sums for specific needs. Most significantly, it can secure housing for a child by transferring or settling property — usually reverting to the paying parent once the child reaches adulthood.
This is not about redistributing wealth between adults. It is about meeting a child’s needs.
Support can, in some cases, extend beyond 18 — particularly where further education or training is involved.
Procedure and Risk
Applications are governed by the Family Procedure Rules 2010. Maintenance-only claims may follow a streamlined route, but once capital is sought, the case proceeds like a full financial remedy — with disclosure, court timetables and scrutiny.
Costs are also different. The usual “no order as to costs” presumption does not automatically apply. Litigation risk must be assessed carefully.
The Bottom Line
- Schedule 1 is not niche — it is essential in:
- Unmarried parent disputes
- High-income child support cases
- International cases where CMS jurisdiction falls away
- Claims involving housing or school fees
When monthly maintenance is not enough, Schedule 1 ensures the court can step in — not to equalise adults, but to properly provide for a child.
This article is for general information only and should not be relied on as legal advice. For tailored advice, please contact our specialist solicitors.
Zubair Dharamsi Gowsigan Gnanakumaran Maisa Riazi
Partner Solicitor Trainee Solicitor
zd@roselegal.co.uk gg@roselegal.co.uk mr@roselegal.co.uk
