Hartnell Chanot: Divorce/Family Law Solicitors Exeter, Devon

Financial Orders

Who can apply for a financial order  for the benefit of  a child?

Either a parent or guardian of a child can make an application to the court for financial provision additionally.

And, if a person has a residence order in respect of a child who is not their own, they too can make an application to the court for financial provision from one or both parents.

What type of order can be made? 

The types of order available depend on the court in which the application is made. In the case of the Family Proceedings Court, an application can be made for maintenance and a lump sum limited to £1,000. In the High Court or County Court, orders may be made for "maintenance", secured provision order (which requires the parent against whom the order is made, to set aside some money or investments which cannot then be touched, to provide for an income), a lump sum of unrestricted size (depending on the ability of the parent to meet the order and a number of other factors):

• an Order requiring a settlement to be made for the child or an Order which transfers property for the child's benefit

• the maintenance Orders and Orders for secured maintenance provision can be varied from time to time depending on the circumstances then prevailing. Additionally, if the court is asked to consider a variation of the maintenance issue, it can then order a lump sum. The lump sum can specifically include some allowance for costs incurred in connection with the birth of the child or maintaining the child, including those reasonably incurred before the making of the Order.

How long do Financial Orders for children last?

An Order can be backdated to the date of application itself, but does not usually last until beyond the child's 17th birthday unless the court thinks it right in the circumstances of the case to specify a later date. An Order will only be expressed to last beyond the child's 18th birthday if a child is undergoing further education or training or there are special circumstances. Maintenance Orders cease to have effect if the parent seeking the order and paying the order resume living together for a period of more than 6 months.

What factors do the Court take into account?

The court has to carry out a balancing exercise, taking into account all the following factors when deciding on the appropriate financial provision for the child, namely: -

1. The income, earning, capacity, property and other financial resources and the financial needs, obligations and responsibilities which each of the people who have relevant interest have, or is likely to have in the foreseeable future.
2. The financial needs of the child.
3. The income, earning capacity (if any), property and other financial resources of the child.
4. Any physical or mental disability of the child.
5.  The manner in which the child was being, or expected to be educated or trained.
   

Orders can be made in relation to someone who is not the natural parent of a child if they have assumed responsibility for the child's maintenance, such as a stepparent, in which case the court will have different considerations. This will be explained by the solicitor representing you if it applies in your particular case.