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Financial provision for children

Lodders’ specialist team of family law solicitors has expert knowledge and experience of financial claims for the benefit of children under ‘Schedule 1 of the Children Act 1989’. This is of particular relevance where the parents are unmarried and cannot pursue the financial claims available upon divorce/dissolution.  Applications can also be made by stepparents, guardians, and children over 18.

Such financial claims can include the provision of a property to meet the child’s housing needs during their minority, a capital sum for education or training, and, in some cases, child maintenance (although this will usually be determined by the Child Maintenance Service).

Beverley Morris, head of Lodders’ Family team, acted for the applicant mother in one of the key reported cases that has shaped this area of law –  MT v OT (financial provision: costs)[2008] 2 FLR 1311 , MT V OT [2018] EWHC 868 (Fam).

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Led by the highly experienced Beverley Morris, our Family Law team is committed to putting our clients first. Personal service and taking responsibility are essential elements of Lodders’ overall client care, together with offering a confidential and discreet service.

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FAQS

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Not sure that this is the service for you? Take a look at some of our frequently asked questions for more information.

Providing children with a means of financial support.

This service is typically requested when two parents are divorcing or separating, and need to make agreements upon how to support their child or children, in terms of financial aid.

The Child Support Agency, and not the Courts, has the main responsibility for assessing Child Maintenance, provided both parents live in this country and no agreement can be reached.

The Courts have jurisdiction to deal with Child Maintenance in limited circumstances, such as where:

- A child needs extra assistance due to a disability

- One of the parents is resident abroad

- School Fees Orders are being sought

- Extra money for Child Support is necessary over and above a Child Support Assessment.

It is whereby an unmarried parent can seek help from an absent parent for assistance with housing, to include a Settlement of Property Order or a Transfer of Property Order, for the benefit of the child.

It should, however, be noted that in such cases the money or property settled would revert to the original owner when the child reaches the age of 18 or ceases full-time education.

Lump-Sum Orders can be made in respect of particular items of expenditure which a child may need, and this will include the ability to obtain a lump sum on account of legal costs to fund proceedings.

Lodders is a well-established law firm that has both regional and national coverage, with a huge team of experts and highly skilled staff.

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