Cohabiting later in life is increasingly common. Many people choose to live with a new partner after divorce, separation, or bereavement, often with established assets, grown-up children, and a desire...
Read more
If you were not married to the other parent, you are still legally required to financially support your child.
Marital status does not affect a child’s right to financial support, and both parents remain responsible for contributing to their child’s upbringing.
Many unmarried parents are unsure about their financial obligations and assume that not being married limits their responsibilities. In reality, the law focuses on the needs of the child, not the relationship between the parents.
Understanding your rights and responsibilities around child maintenance, living costs and other financial contributions can help ensure your child’s needs are met and reduce the risk of future disputes.
1. Legal Financial Responsibility
Regardless of marital status, both parents are legally responsible for supporting their child.
- If you are the mother, your responsibility is automatic.
- If you are the father, your financial responsibility generally begins if you have parental responsibility, which you can acquire by:
- Being named on the birth certificate (for children born after 1 December 2003 in England and Wales).
- Entering a parental responsibility agreement with the mother.
- Applying to the court for a parental responsibility order.
Once parental responsibility is established, you are expected to contribute to the child’s living costs, including essentials such as food, clothing, housing, and education.
2. Child Maintenance
Child maintenance ensures the child’s living costs are shared between parents.
- Parents can agree on a maintenance arrangement privately.
- If an agreement cannot be reached, you can use the Child Maintenance Service (CMS), which calculates payments based on income, time spent with the child, and other factors.
- Both parents must contribute, regardless of whether they live together or were ever married.
Failing to pay child maintenance without a court order can lead to enforcement action, including deductions from wages or benefits.
3. Schedule 1 Claims under the Children Act 1989
In addition to standard child maintenance, unmarried parents may also consider Schedule 1 claims.
- Schedule 1 allows the parent with whom the child lives to apply to the court for financial provision from the other parent.
- Claims can include:
- Regular payments to cover the child’s living costs.
- Lump-sum payments for specific needs (for example, school fees, medical costs, or extracurricular activities).
- Property adjustment orders in exceptional cases, such as where the child’s housing is a concern.
The court will assess:
- The child’s needs.
- Each parent’s income, earning capacity, and financial resources.
- Contributions already made by both parents.
Schedule 1 claims are particularly important where informal maintenance arrangements are not enough to meet the child’s needs.
4. Other Financial Considerations
- Shared costs for the child, even without a legal order, parents are encouraged to contribute to essentials such as school trips, medical costs, and childcare.
- Housing and bills, if the child lives with one parent, the other may be asked to contribute towards housing or household expenses.
- Long-term planning, parents should consider saving for the child’s education or other significant costs, especially if one parent is the primary caregiver.
5. Why Legal Advice Is Important
Family law can be complex, and financial responsibilities can sometimes overlap with custody or contact arrangements. A solicitor can help you:
- Understand your obligations under child maintenance rules and Schedule 1.
- Ensure any agreements are fair and enforceable.
- Avoid disputes escalating to court.
Speak to our Family Law Solicitors in Bath, Bristol or Bradford-on-Avon today
Being unmarried does not remove your financial responsibilities to your children, and understanding your obligations is essential to ensuring their needs are properly met. Child maintenance, Schedule 1 claims, and other financial arrangements can be complex, particularly where circumstances change or disagreements arise.
Our experienced family law solicitors can advise you on your responsibilities, help you put appropriate financial arrangements in place, and protect both your child’s future and your own position. Please contact us by phone on 01225 448 955, or via email at info@sharpfamilylaw.com, if you would like advice on child maintenance or financial support for children of unmarried parents.
