A parent or guardian can make an application under the Children Act 1989 for financial provision in relation to a child who is living with them.
Such provision can include:
- additional maintenance orders (in certain circumstances known as “top-up maintenance”),
- lump sum orders
- a transfer of or settlement of property
All orders are for the benefit of the child, and the following factors have to be considered:
- the financial resources of the parents
- the financial needs and any other obligations and responsibilities of the parents
- the financial needs of the child
- the financial resources of the child
- any physical or mental disability of the child
- the manner in which the child was, or the parents intended the child to be educated
An application under the Children Act very often goes hand in hand with a claim to any property. To consider the best way forward for you, in this complex area of law, we would recommend that you take legal advice as soon as possible. Call us on 0121 3550011.
