Anyone unmarried that split up claim under Schedule 1 of the Childrens Act?

[ScandiS]

My OH and I are unmarried. Have two children (5 and 7). I work PT so I can look after them, earning peanuts. There is no way on earth we could survive on my 'salary', what he would have to pay in maintenance and the benefits I could claim.

I've heard of one being able to claim more (for the benefit of the children) under the act I mention in the subject.

Ideally I would like to stay in our house (which we both own) until the children are out of the current school (opposite house) in 5 years.

Yes, have an ongoing application under Schedule 1 of the Children's Act.

I'm interested in this also, ex p has left and we have dd 2 and I'm 17 weeks pregnant, sahm so no job and no maternity pay. Obviously I get benefits and maintenance but ex p earns good salary 2.5k take home per month, anyone know what's deemed as reasonable for living costs for him or how this works? Do you get legal aid support with this if you qualify? Thanks

You might want to pop over to the legal boards so someone more knowledgeable can answer.
However, I thought that as you are not married you actually have very little in the way of 'rights' and he have v little in way of obligations to support you other than Child Maintenance for the children.
I also thought and again could be wrong that a claim under Schedule 1 was more around a lump some contributions towards specific costs / item rather than a general provision/maintenance contribution.

Are you both on the deeds and mortgage?

Legal aid no longer exists unless in cases on documented domestic violence.

Okay, I will post on the legal board. (Did not even know there was one!)

Schedule 1 'enables the parent with care' to claim additional financial support from the other parent for the benefit of the children E.g. school fees, top up maintenance etc. And not just a lump sum.

We are both on deeds and mortgage. Thank goodness.

What about if there is 50/50 shared care?

For example, you said the 'parent with care' can claim additional financial support like a lump sum etc on a schedule 1.

But would a parent that only has 50/50 shared care (Court Order) be able to claim also?

Zombie thread

It is most notoriously used in cases of grand wealth. The mother will be awarded a home and “maintenance” payments way beyond CMS to facilitate the lifestyle expected of a child within that type of family. These are cases beyond the scope of CMS thresholds where settlements are made by the courts. That’s why things like school fees are referenced.

But it can also be used to address the housing needs of average children. Essentially one parent can seek a court order to defer the sale of the family home. The resident parent would need to establish that housing needs of the children could not otherwise be met.

There are huge variations in housing costs and availability in the UK. What might get agreed for a mother on central london won’t apply in Wigan. Examples of successful cases might not be pertinent to your situation.

Some fathers might be happy with an arrangement like this. Their capital is still growing and you will be paying the mortgage. But it limits their borrowing for another property and costs them more in rental. They also have no guarantee that you will be willing to move 5 years down the line. They can have good reason to fight it if there are other options.

I would recommend a discussion with him first to see whether he would be happy with this arrangement. After that you need to get good and realistic legal advice. If he is resistant then his counter argument will be that you just need a two bed property in the vicinity of the school and can use capital to rent.