By Sital Somaiya, Founder and Solicitor. Last reviewed 14 October 2026.
Key points
- Schedule 1 of the Children Act 1989 lets the court order a parent to provide money, housing and other support for a child.
- It is provision for the child, not for the parent who looks after them.
- Day-to-day maintenance usually goes through the Child Maintenance Service. Schedule 1 covers what the Service cannot.
- A home provided under Schedule 1 usually goes back to the paying parent when the child grows up.
When unmarried parents separate, the parent who looks after the children has no financial claim of their own against the other parent. The children are treated differently. Under Schedule 1 of the Children Act 1989, the court can order a parent to provide money, housing and other support for the benefit of a child.
Schedule 1 is often the most important claim available to an unmarried parent, and one of the least understood. Married parents can use it too, but in practice it matters most where there is no divorce in which the children’s needs can be dealt with.
In this guide
- What the court can order
- Schedule 1 and the Child Maintenance Service
- Housing: the claim that surprises people
- Who can claim
- How the court decides
- How to apply
- How Schedule 1 fits with a property claim
- Frequently asked questions
- Talk to us
What the court can order
| Order | What it is for |
|---|---|
| Top-up maintenance | Regular payments above the Child Maintenance Service maximum, where the paying parent’s income is high |
| School fees and education costs | Fees and related costs, which the Child Maintenance Service does not cover |
| Disability costs | Extra costs arising from a child’s disability |
| Lump sums | Specific needs, such as a car, furniture or the costs of setting up a home |
| Housing | A home bought or held for the child, usually returned to the paying parent when the child turns 18 or finishes education |
Schedule 1 and the Child Maintenance Service
| Child Maintenance Service | Schedule 1 claim | |
|---|---|---|
| Regular maintenance | Yes, by formula, up to an income cap | Only in limited cases, such as above the cap |
| School fees | No | Yes |
| Housing | No | Yes |
| Lump sums | No | Yes |
| Who decides | The Service, by formula | The family court, by discretion |
Day-to-day child maintenance is normally dealt with by the Child Maintenance Service. The court can usually only order regular maintenance where the Service cannot, for example where the paying parent’s income exceeds its maximum, the paying parent lives abroad, or the payments are for school fees or disability costs.
Housing: the claim that surprises people
The court can order a parent to provide a home for the child. This is usually done by buying or holding a property on trust, so the child and their carer can live there until the child reaches 18 or finishes full-time education. The property then usually goes back to the parent who provided it. Property orders of this kind can generally be made only once for each child, so getting the order right matters.
Schedule 1 is provision for the child, not for you. In higher income cases it can include an element for the carer, because a child needs a home and someone to look after them, but it does not give you a share of the other parent’s wealth.
Who can claim
A parent, guardian or special guardian can apply, as can someone named in a child arrangements order as a person the child lives with. The claim is against a parent, which in some cases includes a step-parent. Claims are usually brought while the child is under 18.
How the court decides
The court considers:
- The income, earning capacity, property and resources of each parent
- The financial needs and obligations of each parent
- The financial needs of the child
- Any income or property the child has
- Any physical or mental disability of the child
- How the child was being, or was expected to be, educated or trained
The paying parent’s wealth affects the standard of living the court will provide for. A child of a wealthy parent can expect to be housed and supported to a higher standard.
How to apply
- Attend a MIAM first, unless an exemption applies. See our guide to MIAMs.
- Apply to the family court using the form for financial claims for children.
- Exchange financial information, in a statement similar to the Form E used on divorce.
- Negotiate or attend hearings, following a process similar to divorce finances.
In some cases the court can order the other parent to contribute to your legal costs, so that you are not prevented from bringing a claim.
How Schedule 1 fits with a property claim
If you also contributed to a home owned by the other parent, that is a separate claim about ownership, under TOLATA. The two can run alongside each other. See Not on the deeds and our guide to TOLATA claims.
An example
Leah and Marcus were never married and have a four-year-old son. Marcus earns well above the Child Maintenance Service limit and owns the flat in Ilford where they lived. After they separate, Leah and their son move into rented accommodation. Leah brings a Schedule 1 claim. The court orders Marcus to provide a fund to buy a modest home near the son’s nursery, held on trust until the son finishes education, plus a lump sum for furniture and top-up maintenance above the Service’s maximum. The home will revert to Marcus in due course.
This is an illustrative example, not a real case.
Frequently asked questions
Can I claim money for myself under Schedule 1?
No. Schedule 1 orders are made for the benefit of the child. In higher income cases, maintenance can include an amount reflecting the cost of the carer, but it is not maintenance for you as a former partner.
Do I have to use the Child Maintenance Service first?
For ordinary child maintenance, usually yes. The court can only make regular maintenance orders in limited situations, such as where the other parent’s income is above the Service’s maximum.
What happens to a house bought under a Schedule 1 order?
It is usually held for the child until they reach 18 or finish education, and then goes back to the parent who paid for it.
Can I bring a Schedule 1 claim if we were married?
Yes, but on divorce the children’s needs are usually dealt with in the financial proceedings, so Schedule 1 is used far more by unmarried parents.
Is there a time limit?
Claims are generally brought while the child is under 18. A young adult in education can sometimes apply in their own right.
Sources
- Children Act 1989, Schedule 1, legislation.gov.uk
- Child Maintenance Service, GOV.UK
Talk to us
Signature Law acts for parents in Schedule 1 claims across Romford, Essex and East London, often alongside TOLATA claims and child arrangements. See our cohabitation solicitors page.
Request a callback, or call 01708 398 851.
