High-profile child maintenance claim highlights financial remedies for unmarried parents

Reports of the child maintenance dispute between Manchester City footballer Kyle Walker and influencer and model Lauryn Goodman have hit the headlines in recent weeks.

Walker, who is married with four children, was revealed as the father of Goodman's second child earlier this year. There followed a lengthy court battle over child maintenance, which his former lover lost in a spectacular fashion.

Salacious gossip aside, the case shines a light on a potential remedy for parents who don’t have the same statutory remedies that are available to married couples, to explore financial provision for their children.

This is particularly pertinent given over half of children are now born outside marriage or civil partnership. As a result, claims for financial provision from parents who were cohabiting or not in a relationship with the other parent will only increase.

How do child maintenance claims work?

When a child is born outside marriage or civil partnership, it is up to the parents to try to agree between them how to support that child financially. If one parent feels that the other is not providing for the child adequately and a resolution cannot be reached, then it may be necessary to involve the Child Maintenance Service. Another possible remedy is to make a claim under the Children Act, Schedule 1.

This gives family courts the power to order the other, often wealthier, parent to make financial provision for the child generally until they reach the age of 18. These may include lump sums, enhanced maintenance, provision for education and/or provision towards housing and equipping a home.

For the claim to succeed, it should be clear to the courts that it is being made to meet the child’s needs, not the parent’s. The court will consider the claim’s merits by looking at each parent's financial circumstances and requirements, the child's resources and needs, and any education planned for the child.

Despite Walker’s generous wage, unsurprisingly the judge deemed Goodman’s requests for a £33k air conditioning unit, the installation of an astro-turf pitch, a £70k car every three years and £15k monthly child maintenance payments to be surplus to their daughter’s requirements.

How can I successfully negotiate a claim?

While Walker and Goodman’s case may be extreme, it does underline the need to seek advice from a specialist family law solicitor before making a claim.

They will review the financial circumstances of everyone involved, review the strength of the case and advise on making a reasonable claim that is likely to hold up in court.

This will significantly increase its chances of success, speed up the process and keep your legal bills to a minimum.

How can I prevent this from happening in the first place?

Depending on your circumstances, you may be able to avoid all this hassle and expense by negotiating an agreement with the other parent before potential conflict arises.

If you live together, a cohabitation agreement allows you to set out who owns what and in what proportion. It can record how you will split your property, money and other assets and how you plan to provide for any children if the relationship breaks down.

How can LCF Law help?

Ellie Foster is a partner in our family law department who specialises in helping people resolve the issues they face when a relationship breaks down. She also works with clients at the start of their relationship to minimise the impacts of a possible break down in the future.

If you're struggling to reach a financial settlement and/or agree arrangements for the children, she can help you reach a solution and as a Resolution-trained collaborative family lawyer, will aim to minimise disputes wherever possible.

Contact Ellie on 01423 851 112 or ku.oc1728465798.fcl@1728465798retso1728465798fe1728465798.

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