Regulation 51 Non-resident parent liable to maintain a child of the family or a child abroadI1

Northern Ireland

(1)

A case is to be treated as a special case for the purposes of the Child Support Order where—

(a)

an application for a maintenance calculation has been made or a maintenance calculation is in force with respect to a qualifying child and a non-resident parent;

(b)

there is a different child in respect of whom no application for a maintenance calculation may be made but whom the non-resident parent is liable to maintain—

(i)

in accordance with a maintenance order made in respect of that child as a child of the non-resident parent’s family, or

(ii)

in accordance with an order made by a court outside Northern Ireland or under the legislation of a jurisdiction outside the United Kingdom; and

(c)

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

(2)

In any such case the amount of child support maintenance is to be calculated in accordance with paragraph 5A of Schedule 1 as if the child in question were a child with respect to whom the non-resident parent was a party to a qualifying maintenance arrangement.

(3)

For the purposes of this regulation “child” includes a person who has not attained the age of 20 whom the non-resident parent is liable to maintain in accordance with paragraph (1)(b)(ii).

Annotations

Commencement

I1: Reg. 51 comes into force in accordance with reg. 1