What is a maintenance claim?

A maintenance claim is where you wish to receive money from the other parent of your child in order to help pay its upbringing. If you cannot reach a private agreement with the other parent/guardian of the child, then you may wish to bring the case for the court to decide.

What can I claim for?

When applying for a maintenance order you can claim for a;

• periodical payments order; (usually monthly payments of a fixed amount);
• lump sum order; (a one-off payment);
• transfer of property order; and/or
• maintenance pending suit order; (for maintenance while the proceedings are still ongoing);

How is it served?

After the court has returned a signed copy of your application, you must serve a copy of it on the respondent. If you have any problems you may seek the help of one of the sheading’s coroners. If you do not know the location of the respondent and cannot serve a copy on them, the matter cannot be brought to court.

Why go to court?

Usually an application for financial provision is necessary when the two parents/guardians cannot agree maintenance. Before making an application, you should attempt everything possible to reach a settlement out of court.

How much will it cost?

There is a fee payable for an application for financial provision. You can get more information from the fees page

Will I need an advocate?

The court strongly advises you to consult an advocate before making any application for financial provision. They will be able to advise you which forms to fill in and what needs to go with it before you send it to the court. The court’s staff cannot give you any advice on which form you need or what you need to put on it. It is not a requirement to have an advocate for the hearings.