PART 4THE MAINTENANCE CALCULATION RULES
CHAPTER 2RATES OF CHILD SUPPORT MAINTENANCE
Assumption as to number of nights of shared care47
1
This regulation applies where the Secretary of State is required to make a determination under regulation 46 for the purposes of a calculation decision.
2
If it appears to the Secretary of State that—
a
the parties agree in principle that the care of a qualifying child is to be shared during the period mentioned in regulation 46(2) or (3) (decrease for shared care); but
b
there is insufficient evidence to make that determination on the basis set out in regulation 46(4) (for example because the parties have not yet agreed the pattern or frequency or the evidence as to a past pattern is disputed),
the Secretary of State may make the decision on the basis of an assumption that the non-resident parent is to have the care of the child overnight for one night per week.
3
Where the Secretary of State makes a decision under paragraph (2) the assumption applies until an application is made under section 17 of the 1991 Act for a supersession of that decision and the evidence provided is sufficient to enable a determination to be made on the basis set out in regulation 46(4).