Can I make a financial claim for childcare expenses?
The family courts will always try to ensure that children are properly accommodated and maintained where financial circumstances allow. Our child support legal services can guide you through this process.
In a divorce, the courts will make sure that children are properly provided for in the subsequent financial order. Different rules apply to unmarried parents, however. If you pooled your funds to buy property, for example, the court can address the division of those funds when an unmarried relationship breaks down. If this happens, you may be able to reach an agreement yourselves. If you can’t agree, a claim can be made to court to protect and determine your property rights.
Contact Us About Your Financial Claim
If there are children of the relationship, it may also be appropriate for the parent with care of the children to make a claim against the other parent for certain needs, costs, and expenses. Our family law child support team can assist with these claims to ensure your child's needs are met.
This may include a lump sum to cover particular costs or for a property to be settled into a trust so that the child (and by extension the child’s main carer) has secure housing. The property will only be used by the resident parent during the child’s minority or while they continue in full-time education. At this point, the capital in the trust reverts back to the non-resident parent.
The Child Maintenance Service may deal with maintenance for the child. However, if the income of the non-resident parent exceeds £156,000 net per annum, it may be appropriate to ask the court to assist, both by ordering additional maintenance and, where applicable, school fees as well. Our child support law firm is experienced in handling such cases and can provide the necessary legal support.
In certain cases, the court may feel it appropriate to make provision for a ‘carer’s allowance’ to allow the parent with care of the child either to cover the costs of employing external childcare or to provide a small amount in lieu of earned income if the parent prefers to stay at home with the child.
How can our family lawyers assist you?
Our expert family law team has considerable experience acting both for the resident parent of the child and the parent against whom an application is made. It’s often necessary in these cases for detailed trust documents to be drawn up governing precisely the terms under which any property is held, so that the interests of both parents and the child are properly balanced and protected.
Tax considerations mean that careful planning is also needed to ensure any arrangement is as tax efficient as possible. In these situations, we’re able to call on our real estate team and Wills, trusts and tax teams for specialist advice and opinion. We also have close contacts with other professionals for tax advice on more complex arrangements.
Get in touch
If you need legal advice relating to a financial claim for a child, our specialist family law solicitors can assist. Our team are highly experienced in handling complex financial claims for children and will aim to ensure your interests and those of your children are protected.
Key Contacts
Simon Magner Mawdsley
Partner | Head of Family Law
Described by clients as "an excellent listener, open and engaging", "exceptional", "reassuring" and "insightful", Simon acts for a range of clients in all aspects of relationship breakdowns including divorce, resolution of financial matters, civil partnerships, cohabitation disputes, pre- and post-marital agreements, injunctions, and children matters.
