Can the CSA force me to have a DEO?

July 19, 2009

Have been involved with csa for last 16yrs the last 2 yrs i have been paying by standing order. I had been in arrears due to their malpractice these were cleared in May 2009,I received a call from the csa last week, they gave there name telephone number and said it was a personnal matter they did not state that they were from the csa! When i recontacted them and spoke to case worker and mentioned this she actually laughed! it turns out that my malicious ex had requested a review. It turns out the csa had gone direct to my employer without my knowledge to obtain wage details and then stated that i was also in arrears despite me having paperwork to the contrary. Having read the forums re their underhand tactics to get you onto a deo i paid the arrears straight away, the case worker insisted I set up a direct debit but stated that due to system problems that could not be done and that i should cancel my standing order therefore missing a payment! and that they could then set!
a direct debit up

Needless to say after reading the horror stories re bad advice from them and the use of this tactic to obtain a deo i am paying my standing order payment as usual, the case worker stated that if i did this then i would have overpaid!!!! probably because the arrears did not exist in the first place, I am awaiting further contact from them but i have a few questions re this.

  1. was it legal for them to go direct to my employer without my knowledge to get wage details surely i should have been informed either by them or my employer neither informed me.
  2. If I refuse to set up a direct debit and continue to pay by standing order can they class me as non compliant and force me onto a deo?

Does anyone have any advice please.

Comments

4 Responses to “Can the CSA force me to have a DEO?”

  1. mr.pink on July 20th, 2009 9:49 am

    1. Yes.The employer is under legal obligation to comply with instructions from CSA.
    2.No, so long as you pay. Resist temtation to set up Direct Debit as this allows the Drawer to take what they want out of your account. Standing Order is afixed amount and based on the CSA cacls,

  2. deadbeatdad on July 20th, 2009 12:42 pm

    hi Phil
    unfortunately we are dealing with the most corrupt government run company whose main objective is to get is a s much money as possible for the Government.
    Another thing you have to realise is that this agency thinks it is above the law, and it abuses power which they have been doing more so in the past 18 months or so. They also intimidate employers by stating that if they refuse to give out the details of the employee, then the company can be fined up to £1000 for every month they fail to give the details, this is not true, infact the CSA would have to provide evidence to your employer that you are the Liable person should your employer request that information.
    if you want to know more about the corruption and what to do to stop this Company trading as the Child Support Agency then have a look at http://www.deadbeatdadsassociation.co.uk

  3. mr.pink on July 20th, 2009 8:59 pm

    Relevant Clauses from the Child Support Act can be accessesd on:

    http://www.opsi.gov.uk/Acts/acts1991/ukpga_19910048_en_3#pb6-l1g32

    31 Deduction from earnings orders
    (1) This section applies where any person (“the liable person”) is liable to make payments of child support maintenance.
    5) A deduction from earnings order shall operate as an instruction to the employer to—
    (a) make deductions from the liable person’s earnings; and
    (b) pay the amounts deducted to the Secretary of State.

    32 Regulations about deduction from earnings orders
    (8) If any person fails to comply with the requirements of a deduction from earnings order, or with any regulation under this section which is designated for the purposes of this subsection, he shall be guilty of an offence.
    ______________
    Advice from the CSA, to Employers, is found on the following link:
    http://www.csa.gov.uk/en/employers/deo.asp

    DEOs are one of the normal ways a non-resident parent can pay child maintenance through the CSA, but they can also be applied if the non-resident parent fails to agree a payment method or misses payments. Although the decision to apply a DEO is taken by us and not the courts you would be committing an offence under section 32(8) of the Child Support Act 1991 if you do not comply with a DEO. This could lead to a prosecution and a fine.
    ____________
    The CSA never publish advice which will make it more difficult for them to collect monies. Note there is no reference to 31(1) above or advice to the Employer such as ” once we have provided evidence to the Employer that Mr. X is the Liable Person.”

    The facts are that few Employers would have the expertise to question the validity of a DEO or the time to research Primary Source documentation and to enter into lengthy correspondence with the CSA . It is much easier for the Employer to make the deductions.

    Avoid contact with the CSA by ‘phone. Write to them and insist they write back . You then have a good case record. If you think you may actually have overpaid, write to the Independent Case Examiner in Chester, who can get your case reviewed. These guys are good and have direct contact with the CSA.

  4. mr.pink on July 20th, 2009 8:59 pm

    Various relevant Clauses from the Chils Support Act can be viewed on:-
    http://www.opsi.gov.uk/Acts/acts1991/ukpga_19910048_en_3#pb6-l1g32

    31 Deduction from earnings orders
    (1) This section applies where any person (“the liable person”) is liable to make payments of child support maintenance.

    5) A deduction from earnings order shall operate as an instruction to the employer to—
    (a) make deductions from the liable person’s earnings; and
    (b) pay the amounts deducted to the Secretary of State.

    32 Regulations about deduction from earnings orders
    (8) If any person fails to comply with the requirements of a deduction from earnings order, or with any regulation under this section which is designated for the purposes of this subsection, he shall be guilty of an offence.

    And the

Got something to say?