39.  The new Act might contain a clause as set out below. The Association recognizes that there may be flaws and that the format will depend on the overall scheme.

  (1)  "A non-residential parent [as defined] shall be deemed to discharge his or her financial responsibility to his Child [as defined]

(a)  by paying an assessment calculated in accordance with the provisions of xxxx [ie the 15-20-25 per cent of net income approach]; or

(b)  by making payments in accordance with an order set out in sub-section (2) in the circumstances set out in subsection (3). Where such an order is in force, no assessment under paragraph a) shall be raised

  (2)  The Order referred to in paragraph b shall be an order for periodical payments to the Child made under section 23 (1) (d) of the Matrimonial Causes Act 1973 or paragraph 1(2)(a) or (b) of Schedule one of the Children Act 1989.

  (3)  The circumstances in which the court shall be permitted to make an order within the meaning of sub-section (1) above are:

(a)  that simultaneous with the order it makes an order of the type set out in sub-section d); or

(b)  that the order being made by the court is an order of they type listed at sub-section (2) and is a variation of an earlier order and the original order complied with the conditions of sub-section (3) (a); and in either case

(c)  that the Residential Parent is not in receipt of Benefits [as Defined]

(d)  the orders referred to in sub-section (a) above are

  A  an order under section 23(1)(a), (b), (c), or section 24 of the Matrimonial Causes Act 1973

  B  an order under paragraph 1(2)(c), (d) or (e) of Schedule one of the Children Act 1989