Comments on: Can the CSA force me to have a DEO?

By: mr.pink

mr.pink — Mon, 20 Jul 2009 19:59:58 +0000

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.

And the

By: mr.pink

mr.pink — Mon, 20 Jul 2009 19:59:19 +0000

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.

By: deadbeatdad

deadbeatdad — Mon, 20 Jul 2009 11:42:26 +0000

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

By: mr.pink

mr.pink — Mon, 20 Jul 2009 08:49:19 +0000

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,