Courts of Summary Jurisdiction - Financial Provision

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 for its upbringing.

You can make an application to the Financial Provision Court when you wish to receive maintenance from your child’s father/mother, but where you are not, nor ever have been married to them. If you are married to the child’s mother/father, then your application will go through the Civil Division - Family Business.

How do I serve a claim?

If you make a claim then it is up to you to make sure the claim is served. If you cannot serve the claim, and the coroner cannot serve it either, then your case cannot be heard.

Why go to court?

If you have been unable to reach an agreement with the other parent of the child, you may decide to apply to the court for an order. Unlike in the Civil Division - Family Business, you can only claim for monthly payments for the benefit of the child, you cannot claim any money for yourself.

If I go to court, should I still try and reach an agreement with the other parent?

Going to court should be a last resort. If you can reach an agreement with the other parent it will save both your, and the courts time. If you reach an agreementyou should inform the court in writing. The court will then make an order administratively and send a copy to each party.

Can I afford to go to court?

There is a fee payable for proceedings within the Courts of Summary Jurisdiction for a Financial Provision application. A link to the Fees page is here.

Will I obtain an order if the respondent in the application cannot pay?

If the respondent to the application can prove they are unable to pay, the court may not make an order at this time. However if the respondent to the application, at a later date, becomes finacially able to pay, you will need to make another application to the court.

Will I need an advocate?

Although it is not always necessary to have an advocate it is recommended that you seek legal advice. Please note that court staff cannot give you any advice.

Courts of Justice