Schedule 1 children's act - applying for financial support

[timefliesby]

Hi all,
I have had enough of the CSA, I won't bore you with it but they have failed to secure maintenance for my two children. I wasn't married to my ex but we lived together and had two children. He is wealthy but self employed and therefore it is difficult to track down his income. My solicitor said that I can apply for financial provision under schedule 1 of the children's act. It will cost me though in legal fees, although they maybe awarded against him in the end. I have a small amount set aside to do up the small house I just bought which is in a right old state. I don't have enough to do it all up. So it is a risk as I could lose the money I have set aside. However, life is a struggle financially and if I could get him to provide some support, it would be easier for the children and me. Has anyone attempted this? Many thanks

[Pastabakessuck]

Hi,

1st post on here so forgive me, I've been a longtime lurker and in the same position with my EXP having his own company and paying himself a surprisingly low wage...

My very kind and equally irritated parents paid (a considerable amount of money) for me to see probably the best law firm in London to get advice on my wealthy self employed ex and they also advised Schedule 1. After heading down a road of research, paperwork, meetings etc it turns out unless it can be proven that your EXP is bringing in excess of 200k per year, this avenue is pointless. This law firm are THE best and have an almost 80% success rate on Schedule 1 enforcement and settlements, which is why I thought they could help. To be entirely fair after they had done their due diligence and discovered partners yearly turnover (approx 80k) they suggested we stop there and then, to save our money and try the CSA again. They could have kept taking my parents well earned retirement money to take this all the way to court and for us to lose and they could have made tens of thousands of pounds off a case and system they know well and they knew we WOULD lose.

The Schedule 1 ruling is meant for those VERY wealthy individuals dodging the CSA. Earning hundreds of thousands or millions a year. It is almost pointless unless your EX falls into the 200k PA bracket. In which case DO go for it and best of luck!!

Unfortunately, if anyone's EXP is CSA dodging via self employment or cash in hand stuff or whatever other dodgy tactics they're up to, Schedule 1 works IF it's proved they're bringing in hundreds of thousands upwards. Anything below that (like my case) it's pointless and it's back to the useless CSA.

Hope that was at least something to help out. Wallowed for a day or 2, then decided to pick myself up, dust myself off and look forwards. My DC are the only thing I worry about now.

The CSA are pigging useless (and underfunded, underresourced) let's be honest but I can think about it everyday and be bitter about EXP paying sweet FA and let it consume every part of me. Its a struggle financially, as it is for many on here but I have just had to let go. I'm exhausted and have tried EVERY avenue for 5 long year's and I'm exhausted.

My mother summed it up in a nutshell last week "if the government can't even afford to properly educate children, treat people with life threatening illness on the NHS and care for our elderley then what hope in hell do we have to expect them to put additional funds and resources into the CSA/CMS to chase dodgy NRP's"

Sad but true. Best of luck with your fight. I lost mine and Ive just decided to channel all that negativity into something else. For me, fighting the CSA for what is 'right and just' was an insurmountable task, my mother (as much as I hate to admit it!) was right and hit the nail on the head.

Best of luck

[Collaborate]

Schedule 1 can be used for capital contributions provided you can demonstrate what you need the money for (eg a car, or a house). Otherwise you should take your evidence before the CSA tribunal.

[JaneParker]

You could try it without lawyers. have you tried living him one last chance to pay? If he was to pay something direct - like direct to the nursery or child minder or direct to a school for school fees would he be more likely to pay? Just trying to think laterally here ( I support my children alone and indeed paid the ex as I earn more).

[Teddingtonmum1]

I'm off to court next week under schedule 1 for school expenses , I'm paying the fees but think his father at least pay for the uniform etc. Have already been through specific issue order so son can attend the school as father did not given consent and cafcass said he should contribute on top of csa but judge was unable to make an order under section 8 so going back yet again under section 1 to ask for financial provision order for school expenses have seen a solicitor and he advised I am asking for an extremely modest amount pa £2k on top of the CSA money so fingers crossed should get something will let you know how it goes

[timefliesby]

Pastabakessuck thank you so much for your detailed response and forgive me the late reply, the world and its mother went into hospital in last two weeks and I've been running around like a nutter.
This info was so helpful! In the olden days he earned a lot before he went self-employed but I have no idea what he earns now other than it can't be the £900 a month he claims to earn! I am so pleased you responded because based on this, I think it would be a fruitless task. It has crossed my mind several times that there would be more positive things to put my energy into. I have recently heard my case is with the parliamentary review team at CSA so I will see if that makes any difference. But I agree at some point my time and energy would be better invested elsewhere.
Jane Parker the kids are in a state school. He said "his father" would pay for private school only if I moved nearer to him. He doesn't pay for much else, the odd pair of shoes, that I never asked for, he usually buys double when he does this. It's everyday living costs I need help with, the huge cost of running a home alone, paying for mortgage, water, gas, electricity etc. I think he absolutely should be contributing to this seeing as we had to leave everything behind with him. He not only got the furniture we bought together but everything given to me as a gift by my relatives and everything I owned before he met me and he point blank refuses to give any of it back!

[lostdad]

Schedule 1 applications are part of the Children Act and are therefore tested on the best interests of the children rather than anything else.

If you want to make an application you'll need to attempt mediation first to get the (A1) form filled in.

It's worth remembering that like ancillary relief (which is covered under the MCA) it's far from uncommon for parties to be uncooperative when it comes to disclosure. What complicates things is the fact that a lot of the work can involve contract or property law that an average Family Law solicitor may not have a great deal of experience with - I've seen more than a few orders that are unenforceable because of this!

We're dealing with more and more Schedule 1 applications these days and the hardest part is getting full disclosure - it can involve detective work because without this a full and equitable settlement cannot be reached.

Get in touch if you want a few pointers.

[Teddingtonmum1]

Just had my directions hearing today been ordered to fill in a statement of means, ex staying he doesn't see WHY he should pay not that he can't pay judge has pointed out he must file regardless as he must comply, Thankfully his no longer s/e ( big mistake on his half ) judge has told him if he doesn't like it to make an agreement with me he'd rather chop off his own head so I guess it back for round 2 next month ...