When people talk about “child maintenance”, they usually mean the regular monthly payments one parent makes to the other after separation. In Jersey law, this is more precisely called periodical payments for a child, and it is just one of several ways the court can ensure a child’s needs are met.
Who can be ordered to pay?
Under the traditional model, financial provision is sought from biological or adoptive parents. However, Jersey law also allows the court to consider others who have assumed financial responsibility for a child — step-parents or guardians, for example.
I will explore these wider powers in detail in Article 5 of this series, which looks at court powers under Schedule 1 compared with matrimonial law.
When is child maintenance payable?
Parents have a continuing obligation to maintain their children whether they live together or apart. Under Schedule 1 of the Children (Jersey) Law 2002, the court can make a range of child-focused financial orders, including periodical payments (regular monthly sums), lump sums for specific needs, and property transfers to secure accommodation for the child.
The aim is straightforward: to meet the reasonable needs of the child, reflecting the resources of both parents. Child maintenance is not intended to subsidise a parent’s lifestyle or to act as disguised spousal support. This is a distinction I find myself explaining regularly, because it fundamentally shapes how the court approaches these applications.
This duty applies until the child reaches 16 or completes full-time secondary education, and can extend to tertiary education in some cases. It is worth noting that the endpoints and terminology can differ under the Matrimonial Causes regime.
Types of financial provision for children
The two most common forms of provision are periodical payments and contributions toward additional expenses.
Periodical payments are regular payments, usually monthly, from one parent to the other to help cover the child’s ordinary day-to-day costs. These typically include a contribution to housing (the roof over their head), food and utilities such as heat and light, and routine clothing and essentials.
The critical point here is that periodical payments are for the child, not the receiving parent. The court will look at what the child needs and what both parents can afford, then set a figure accordingly. There is no rigid formula in Jersey. Any reference to percentages — such as the old UK-style “15% for one child” — is at most a cross-check, not a rule.
Alongside periodical payments, the court can order (or parents can agree) specific contributions for extras — costs that fall outside normal day-to-day living. These might include health-related expenses such as dental or orthodontic work, glasses, or therapy; schooling costs including fees, uniforms, IT devices, exam fees and trips; or costs relating to hobbies and development such as sports kit, music lessons, clubs and camps.
These contributions must directly benefit the child. They can be shared equally between parents or divided in proportion to each parent’s means, and arrangements often include caps or require prior agreement for significant items.
One area where I see confusion is around transport costs, sometimes referred to as a “car allowance”. Uplifts for transport are permitted only where they are expressly for the child’s benefit — getting the child to school or activities, for instance — not to enhance a parent’s general lifestyle.
Starting with a child-focused budget
Before any discussion about figures, the starting point should always be a child-focused budget. This means identifying what the child actually needs, both day-to-day essentials and reasonable extras, and separating those clearly from adult lifestyle costs.
A tailored, transparent budget makes negotiations considerably easier because it clarifies what is genuinely for the child. It reduces disputes by presenting evidence-based figures rather than broad assertions. And it helps the court apply the law fairly, because decisions under Schedule 1 are based on the child’s needs and both parents’ resources.
When preparing a budget, I advise clients to separate periodical payments from extras, and to state whether costs are recurring monthly or annual figures that have been averaged. It helps to show how you have calculated the child’s share of household costs, and to attach evidence — receipts or quotes — for non-routine or higher-value items.
In the next article in this series, I will explain why child financial provision is legally distinct from spousal support, and how the court’s powers under Schedule 1 differ from those available in divorce proceedings.
Barbara Littler heads the Family Law team at Parslows LLP. She has particular expertise in financial matters including Schedule 1 applications for unmarried parents.