The basic principles

I14 Child support maintenance.

1

A person who is, in relation to any qualifying child or any qualifying children, either the person with care or the F4non-resident parent may apply to the F13Secretary of State for a F7maintenance calculation to be made under this Act with respect to that child, or any of those children.

2

Where a F7maintenance calculation has been made in response to an application under this section the F14Secretary of State may, if the person with care F20... applies to F14the Secretary of State under this subsection, arrange for—

a

the collection of the child support maintenance payable in accordance with the F8calculation;

b

the enforcement of the obligation to pay child support maintenance in accordance with the F8calculation.

F212A

The F22Secretary of State may only make arrangements under subsection (2)(a) if—

a

the non-resident parent agrees to the arrangements, or

b

the F22Secretary of State is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.

3

Where an application under subsection (2) for the enforcement of the obligation mentioned in subsection (2)(b) authorises the F15Secretary of State to take steps to enforce that obligation whenever F15the Secretary of State considers it necessary to do so, the F15Secretary of State may act accordingly.

4

A person who applies to the F16Secretary of State under this section shall, so far as that person reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the F16Secretary of StateF2... being provided with the information which is required to enable—

a

the F4non-resident parent to be F6identified or traced (where that is necessary);

b

the amount of child support maintenance payable by the F4non-resident parent to be assessed; and

c

that amount to be recovered from the F4non-resident parent.

5

Any person who has applied to the F17Secretary of State under this section may at any time request F17the Secretary of State to cease acting under this section.

C16

It shall be the duty of the F18Secretary of State to comply with any request made under subsection (5) (but subject to any regulations made under subsection (8)).

7

The obligation to provide information which is imposed by subsection (4)—

a

shall not apply in such circumstances as may be prescribed; and

b

may, in such circumstances as may be prescribed, be waived by the F19Secretary of State.

8

The Secretary of State may by regulations make such incidental, supplemental or transitional provision as he thinks appropriate with respect to cases in which he is requested to cease to act under this section.

F119

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C2F110

No application may be made at any time under this section with respect to a qualifying child or any qualifying children if—

a

there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order F3made before a prescribed date, in respect of that child or those children and the person who is, at that time, the F4non-resident parent; or

F5aa

a maintenance order made on or after the date prescribed for the purposes of paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made; or

F9ab

a maintenance agreement—

i

made on or after the date prescribed for the purposes of paragraph (a); and

ii

registered for execution in the Books of Council and Session or the sheriff court books,

is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made;F10...

F10b

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F1211

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