[F14(1)A departure direction may be given if—U.K.
(a)before 5th April 1993—
(i)a court order of a prescribed kind was in force with respect to the absent parent and either the person with care with respect to whom the current assessment was made or the child, or any of the children, with respect to whom that assessment was made, or
(ii)an agreement of a prescribed kind between the absent parent and any of those persons was in force;
(b)in pursuance of the court order or agreement, the absent parent has made one or more transfers of property of a prescribed kind;
(c)the amount payable by the absent parent by way of maintenance was not reduced as a result of that transfer or those transfers;
(d)the amount payable by the absent parent by way of child support maintenance under the current assessment has been reduced as a result of that transfer or those transfers, in accordance with provisions of or made under this Act; and
(e)it is nevertheless inappropriate, having regard to the purposes for which the transfer or transfers was or were made, for that reduction to have been made.
(2)For the purposes of sub-paragraph (1)(c), “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 current assessment was made.]
Textual Amendments
F1Sch. 4B inserted (14.10.1996 for specified purposes, 2.12.1996 in so far as not already in force) by Child Support Act 1995 (c. 34), ss. 6(2), 30(4), Sch. 2; S.I. 1996/2630, art. 2, Sch. Pts. 1, 2