This is an awkward situation. I had an Attachment of Earnings added to my case back in Dec 2007, taking a massive portion of my wages. I hold my hands up and admit i deserved this as i had been very unco-operative with them. Tried to keep a low profile. Anyway, the money was taken each week/month. This went on for approx 5 months, however around March, April time, the ex got in touch with me asking where her money was. Fair point i thought as the order started in January. I asked my employer who informed me that it hadn't been paid as the company was struggling, and the CSA could wait for their money! We had a few choice words and i was told it would be paid. However after a few more weeks, my mind was working overtime and i asked if any of the other deductions from my wages were being paid, Tax,NI etc. His response was 'I wish you hadn't asked that, because they weren't being paid but as i now know the truth, i am now liable for them!' I left the company the following day. I couldn't afford to pay out twice for the deductions that i'd already paid.
To date this money has never been paid to the CSA! I spoke with them regarding this a little while after and was told they would get in touch with him to recover the money. It never happened. Unfortunately, as it was a small company evrybodies pay slip was the same each month, therefore any deductions taken for CSA etc were never on them. I should have smelt a rat straight away, but me being the naive type didn't think somebody would steal my kids money.
My question is, as there was a DEO is there no legislation in place that forces the employer to comply with it? I know i have no proof that the money was deducted, but surely if the order is in place this then puts the incentive on the employer to pay it.
According to the paperwork i was given by my future employer it states 'Anyone failing to comply with the requirements of a Deduction from Earnings Order is guilty of an offence under section 32 (8) of the Child Support Act 1991.'
What does this act consist of? Do the CSA ever enforce it? Or is everything left to us to sort out?
This is only one of my problems i've had dealing with the CSA. They seem hell bent on causing problems for anybody they deal with!!
Any observations or advice would be greatly appreciated.