Regulation 11 Non-resident parent liable to pay maintenance under a maintenance orderF1I1

Subject to paragraph (2), where the circumstances of a case are that—

This regulation applies where the rate of child support maintenance payable is the basic rate, or the reduced rate, or has been calculated following agreement to a variation where the non-resident parent’s liability would otherwise have been a flat rate or the nil rate.

Where this regulation applies, F4subject to paragraph (5), the amount of child support maintenance payable by the non-resident parent shall be ascertained by—

and the amount payable shall be the amount apportioned to the qualifying children, and the amount payable to each person with care shall be that amount subject to the application of apportionment under paragraph 6 of Schedule 1 to the Order and the shared care provisions in paragraph 7 of that Schedule.

In a case where this regulation applies paragraph 7 of Schedule 1 to the Order (shared care) and regulation 9 (care provided in part by an authority) shall not apply in relation to a child in respect of whom the non-resident parent is liable to make payments under a maintenance order as provided in paragraph (1)(b).

If the application of paragraph (3) would decrease the weekly amount of child support maintenance (or the aggregate of all such amounts) payable by the non-resident parent to the person with care (or all of them) to an amount which is less than a figure equivalent to the flat rate of child support maintenance payable under paragraph 4(1) of Schedule 1 to the Order, the non-resident parent shall instead be liable to pay child support maintenance at a rate equivalent to that flat rate apportioned (if appropriate) as provided in paragraph 6 of that Schedule.