What does fathering a child outside of marriage mean for Dave Grohl?

Last month, Foo Fighters frontman Dave Grohl announced that he is a father to a child born outside of his marriage. Grohl is married to Jordyn Blum, and they have three children together, but last month he posted that he had recently become a father to a baby girl born outside of the marriage. The mother is unknown. Many may be wondering what this means legally for the singer, mother and child.

Parental responsibility

If Grohl is registered on the baby’s birth certificate as the father, then he will have parental responsibility. This means he has all the rights, duties, powers, responsibilities and authority to make decisions about the baby. This can include medical care and schooling.

As the father, Grohl will have a financial obligation towards the child. Assuming the mother will likely have day-to-day care of the baby, Grohl will have to pay child maintenance to the mother. The amount can be agreed directly between Grohl and the mother, but if they can’t agree then the figure is usually calculated by the Child Maintenance Service (‘CMS’) based on gross income and the nights spent with each parent.

Financial claims

However, in circumstances where the paying parent earns more than £3,000 a week (which would be the case for Grohl) and the other parent wants to top up their maintenance above what the CMS have calculated, then they can apply to the court. 

Though the mother cannot make a financial claim against Grohl in her own right (as they are not married), she could make a financial claim against him on behalf of the child. This claim would be brought under Schedule 1 of the Children Act 1989.

It may also be possible for the mother to make a financial claim against Grohl. It may well be that they come to an agreement without a legal case, but it is possible that the mother could bring a claim under Schedule 1 of the Children Act 1989. A Schedule 1 claim relates to the financial needs of the child and is most used where there is a particularly wealthy parent and the parents have not been married.

Under Schedule 1, the mother may seek a variety of orders. One may be maintenance, as already discussed. Another could be a lump sum order to pay for costs associated with the baby, such as nursery items, a pram and clothing. A lump sum order could also incorporate a sum for costs that may not immediately connect to the child but will be for their benefit- for example, money for a car so that the mother can travel with the baby.

Lump sum costs would not need to be repaid to Grohl. The court also has the power to order a settlement or transfer of property. This would involve Grohl purchasing or transferring property that he may already own into the mother’s name for the benefit of the child. For example, a house for them to live in. In these circumstances, the property would generally be returned to Grohl when the child turns 18.

Schedule 1 claims are based on the financial positions of the parents so it would be necessary for both Grohl and the mother to go through a disclosure process, for the court to understand what they can and can’t afford. In exercising its powers, the court is also obliged to have regard to all the circumstances of the case including, amongst other things, the needs of the child, the income and financial resources of the parties, and how the child is expected to be educated.

Posting on X, formerly Twitter, Grohl has already confirmed that he plans ‘to be a loving an supportive parent’ to his new child, whilst also building back trust with his wife and existing children. Hopefully, the parents are able to reach an agreement together about how the baby will be raised and the role that Grohl plays in her life.