Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Maintenance definition

What does Maintenance mean? Maintenance describes financial support paid by one person to a current or former spouse or civil partner, or for the benefit of a child, during separation, divorce/dissolution and afterwards. It is a descriptive term used across family law, with statutory regimes and case law guiding its assessment and enforcement. England & Wales and Northern Ireland: spousal/civil partner maintenance is commonly termed periodical payments, including interim “maintenance pending suit”; child maintenance/child support is primarily via the Child Maintenance Service (with court jurisdiction in limited cases, including Schedule 1 Children Act 1989 and for a “child of the family”). Scotland: support during a...

Court-ordered child maintenance under Schedule 1 to the Children Act 1989: applications, jurisdiction, CMS interaction, periodical payments and interim orders, over‑18 claims, step‑parents (England and Wales)

Published by a LexisNexis Family expert

Practice notes

Practice Note

This Practice Note outlines the court’s authority to issue a periodical payments order (maintenance provision) for a child under Schedule 1 to the Children Act 1989 (ChA 1989), setting out what orders can be made and eligible applicants. It also covers interim relief, jurisdiction, and the factors the court will consider in determining applications, and it explains who may apply for such relief. In matrimonial or civil partnership proceedings, the court may make child maintenance orders. It likewise has jurisdiction to order periodical payments under ChA 1989, Sch 1. Most applications brought under this route concern parents who have neither married nor entered a civil partnership, especially where the payer holds substantial financial means. The Child Maintenance Service (CMS) exercises near-exclusive competence over child maintenance matters. Nonetheless, in a number of specified circumstances, the court retains jurisdiction to make a periodical payments order (see: Jurisdiction). See Practice Notes: Statutory child support scheme and Child support—respective jurisdictions of the Child Maintenance Service and the court. Under ChA 1989, Sch 1, the court may additionally make capital orders as well; see Practice Notes: Capital provision under Schedule 1 to the Children Act 1989...

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Web page updated on 21/05/2026

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