SCHEDULES
SCHEDULE 4Changes to the calculation of maintenance
Applicable rate where non-resident parent party to other maintenance arrangement
C15
1
In paragraph 1(1)
(under which the weekly rate of child support maintenance is the basic rate unless a reduced rate, a flat rate or a nil rate applies), at the beginning insert “
Subject to paragraph 5A,
”
.
2
After paragraph 5 insert—
Non-resident parent party to other maintenance arrangement
5A
1
This paragraph applies where—
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 £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.