[F1Property or capital transfersU.K.
Textual Amendments
F1Sch. 4B substituted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 6(2), 86(1)(a)(2), Sch. 2 Pt. II (with ss. 28, 83(6)); S.I. 2000/2994, art. 2(1), Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
3(1)A variation may be agreed in the circumstances set out in sub-paragraph (2) if before 5th April 1993—U.K.
(a)a court order of a prescribed kind was in force with respect to the non-resident parent and either the person with care with respect to the application for the maintenance calculation or the child, or any of the children, with respect to whom that application was made; or
(b)an agreement of a prescribed kind between the non-resident parent and any of those persons was in force.
(2)The circumstances are that in consequence of one or more transfers of property of a prescribed kind and exceeding (singly or in aggregate) a prescribed minimum value—
(a)the amount payable by the non-resident parent by way of maintenance was less than would have been the case had that transfer or those transfers not been made; or
(b)no amount was payable by the non-resident parent by way of maintenance.
(3)For the purposes of sub-paragraph (2), “maintenance” means periodical payments of maintenance made (otherwise than under this Act) with respect to the child, or any of the children, with respect to whom the application for a maintenance calculation has been made.]