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.