Do we have to apply a deductions of earnings order?
December 24, 2010
I have a small company of 4 employees.
We have been sent a deductions order and threatened with legal action if we do not comply with the order.
The employee in question (Father) is in/out of court fighting for full custody as his ex has a several social problems meaning the child does not get proper care in her home. Somethng I have seen first hand.
He cannot afford the drop in wages we cannot afford the legal threat.
What’s left open to us. if he leaves we are looking at a very difficult time as he is a key worker in our small team.
The boy would be better off with his father but no one is listening!!!!
Written by Cris ec · Filed Under CSA Advice
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As an employer you have no choice but to apply the DEO. You could make him a director if a limited company and pay a basic salary the rest made up in quarterly dividend payments. If a partnership you could do similar. He could become self employed and you contract with him for the work and pay him outside of PAYE. Remember that these are methods to take control back from the CSA, he must still pay for his child and keep meticulous records of the payments, do it through the bank, in case the nasty incompetent clowns take him to court.
If you are the employer then tell them your employee is on shit wages ,, nudge nugde wink wink ??
yeah but they will want last yrs p45 then they work it out from that i had same happen to me n they take 55 off me a week !
Can you not, as his employer, state in a letter that he is on lower earnings than last year? I took a drop in hours at work to keep my job recently and am on less earnings than last year.
Cris, yes you have no choice I’m afraid. The CSA really do not care about the NRP and how they will survive after the they have taken the CM. They are quite happy for them to be left in poverty and unable to pay bills etc.
Vic, you appear to understand very little about employment so perhaps best not to comment.
Comply or they will harass you until you do.. you have no choice and they will take action thats what these pencil pushers r paid to do
Good to see you are a caring and sympathetic person/employer
Another good story for the media.
if the father has issues with neglect then he should go straight to a solicitor and make an application for residency, the cafcass workers will get involved and look at the parents situation and ask the child their thoughts on where they want to live. the court will grant an interim order if the father feels the child is in any immediate danger- the solicitor will advise. He should contact his MP, and then the csa are more willing to set up direct debit’s, for some reason the CSA are totally unreasonable until one is forced to ask the MP for assistance- i can speak from experience.
if the father was not married to the mother he should get parental responsibility asap, this will give him more rights to the childs upbringing. The more access he gets.i.e. overnight stays, the mother gets less maintience, if he gets a joint residency order then he may not have to pay child support as the child ideally should spent equal time with both parents.
I hope this helps…by the sound of it he should recieve legal aid.
You are unable to grant this unless you have consent from the employee. you are in kind of a difficult position as if you send the CSA the money without the employee's consent then he will be able to claim it all back from you. The CSA do not actually have the right and cant force you to do this. They will say that you have to under the Child Support Act 1991 it is only an Act so if you do not give consent then they cant touch you. But they will say that it is the law – you ask them to show you where it states it in the law.http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1073792641http://www.tpuc.org/content/dead-beat-dad%E2%80%99s-interview-lawfulrebelliono
Well Craig they put a DEO on my husband. And his firm said we had too. They harrass you all the time. They will not leave hubbys work alone. Wanting to know everything. They backed off and give in. Still they harrass his work to this day. They bully and blackmail be warned. Some poor guy has a evil vindictive wife. Another victim of the CSA and women that think men owe them a living…
If they did not tell him and he never gave them consent then he can possibly make his company pay him the money all the money back if it was not in his contract. They should not be taking anything without consent or a court order.
The CSA have to much fluffing power and in FEB 2011 It is changeing.
but will they get more power in feb? mind you we might be able to find out which twat say what……and make them accountable
They are only going back to the DWP..where they were when they started.Make of that what you will. It wasn't a great deal different back then..