Child Support Act 1991

[F1[F2Non-resident parent party to other maintenance arrangementE+W+S

Textual Amendments

F1Sch. 1 Pt. I 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. 1(3), 86(1)(a)(2), Sch. 1 (with ss. 28, 83(6)); S.I. 2000/2994, art. 2(1), Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.

F2Sch. 1 para. 5A and cross-heading inserted (8.10.2012 for specified purposes, 10.12.2012 for specified purposes, 29.7.2013 for specified purposes, 25.11.2013 in so far as not already in force) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 4 para. 5(2); S.I. 2012/2523, art. 2(2)(b); S.I. 2012/3042, arts. 2(b), 3 (with arts. 5, 6) (as amended (29.7.2013) by S.I. 2013/1860, art. 6 and (24.6.2014) by S.I. 2014/1635, art. 6); S.I. 2013/1860, arts. 2(b), 3 (with arts. 5, 7) (as amended (24.6.2014) by S.I. 2014/1635, art. 7); S.I. 2013/2947, art. 2(a) (with arts. 3-5)

5A(1)This paragraph applies where—E+W+S

(a)the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child of his who is not a qualifying child, and

(b)the weekly rate of child support maintenance apart from this paragraph would be the basic rate or a reduced rate or calculated following agreement to a variation where the rate would otherwise be a flat rate or the nil rate.

(2)The weekly rate of child support maintenance is the greater of [F3£7] and the amount found as follows.

(3)First, calculate the amount which would be payable if the non-resident parent's qualifying children also included every child with respect to whom the non-resident parent is a party to a qualifying maintenance arrangement.

(4)Second, divide the amount so calculated by the number of children taken into account for the purposes of the calculation.

(5)Third, multiply the amount so found by the number of children who, for purposes other than the calculation under sub-paragraph (3), are qualifying children of the non-resident parent.

(6)For the purposes of this paragraph, the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child if the non-resident parent is—

(a)liable to pay maintenance or aliment for the child under a maintenance order, or

(b)a party to an agreement of a prescribed description which provides for the non-resident parent to make payments for the benefit of the child,

and the child is habitually resident in the United Kingdom.]]

Textual Amendments

Modifications etc. (not altering text)

C1Sch. 1 para. 5A applied (10.12.2012 for specified purposes) by The Child Support Maintenance Calculation Regulations 2012 (S.I. 2012/2677), regs. 1, 52(2)