CSA taking deduction from my earnings without my knowing

June 3, 2012

Dear Sir/Madam,

I recently came across The Child Support Management of Payments and Arrears Amendment Regulations.

I was shock to find that the csa are taken arrears by deduction of earning (DEO) when I had no idea the csa where looking for me at the period of time, as letter’s were being sent to the wrong address and the resident parent told me she had drop the case against me, so I stop paying deduction of earnings and didn’t inform anyone when I change employment. This is not my responsibility anyway has the csa have told me i do not have a say on the account as I’m not the account holder.

I fully understand that I must pay child maintenance for my daughter who (aged 4) who am now getting refused access to by the resident parent, but arrears is not my fault during this time, its also important to remember during the time of the arrears i had access to my daughter Kelsey and her mum was receiving money.

If the csa had done there job properly and stop being unhelpful, rude with blaming tactics or the resident parent had informed me, I wouldn’t be in this mess, in which is causing money difficulties for me as I’m expecting a baby daughter in 16 weeks time, my living arrangements, unnecessary hardship, mental and physical stress.
I have to work 6 and 7 day weeks to keep up with the payments and survive, CSA know this because there keeping records of my hours on a weekly basis.

The last time i spoke with the csa which was last week, i was told by the gentlemen that this was all my fault and no restructure plan or help was available cause they only collect money. It states in my personal data that a restructure plan if requested, was available.

Also can you help me understand where the arrears are going because my daughter is not receiving a penny of it? (only receiving £44 out if the £73 DEO). Found no information in my personal data pack and the agency evolved the question when i ask it.

Basically If an agreement has not been given to me in writing in advance or no one contacted me(Because the service had the wrong details), how can this be fair for a non resident parent like me?

I feel strongly that i have been messed about by both CSA and the resident parent and the powers under section 41D of the 1991 Act below and also section 41E of the 1991 Act where the Commission takes into account both parties views clearly show i have a case.

(Agreement rules from FAMILY LAW , CHILD SUPPORT:)

(1)Where the Commission proposes to accept an offer by the non-resident parent in exercise of its powers under section 41D of the 1991 Act, the Commission must prepare a written agreement.

The agreement must— name the parties to the agreement and specify the amount and the period of liability to which the arrears relate. State the amount that is agreed will be paid in full and final satisfaction of the arrears to which the agreement relates and state how and to whom payment will be made and state the day by which payment is to be made.

The Commission must ensure that the non-resident parent and where applicable, the relevant person, have a copy of the proposed agreement. The agreement must not take effect until— the non-resident parent has agreed in writing to its terms and where applicable, the relevant person has given to the Commission their consent in writing.

Section 33 “write off power” by the Commission also states for the non-resident parent that recovery of the arrears be suspended as the unfair arrears have accrued as a result of delay in establishing the maintenance liability because of the resident parent (which was not the fault of the non-resident parent).

I can’t understand why the csa have not told any of this when its Regulations those involved should be working by.

Thank you for your time and hope you contact me soon.

Yours faithfully,

George Haney

Comments

  • j says:

    Hi, quick point, this is an open debate forum so probably not a good idea to give out names/personal details.
    Ask to see the DEO. Get specialist advice from a csa specialist or family law specialist. Dont speak to the csa on the phone, keep everything you say (and their responses) in writing and send via recorded delivery. (keep the receipts) Get a copy of your Data Protection Prints.

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