Set off of liabilities to pay child support maintenance
5.—(1) The circumstance prescribed for the purposes of Article 38C(1)(a) of the Order, in which the Department may set off liabilities to pay child support maintenance, are set out in paragraph (2).
(2) The Department may set off the liability to pay child support maintenance of one person (“A”) against the liability to pay child support maintenance of another person (“B”) where—
(a)A is liable to pay child support maintenance under a maintenance calculation, whether that calculation is current or no longer in force, in relation to which B is the person with care; and
(b)B is liable to pay child support maintenance under a maintenance calculation, whether that calculation is current or no longer in force, in relation to which A is the person with care.
(3) There shall be no set off in relation to any amount which if paid could be retained under Article 38 of the Order(1).
Article 38 was amended by paragraph (9) of Schedule 3 to the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)); sections 1(2) and 17(1) of, and paragraph 11 of Schedule 3 to, the 2000 Act, and paragraph 1(29) of Schedule 4, and Schedule 5, to the 2008 Act Back [1]