Should we use a joint account or keep it seperate?

May 21, 2013

So to follow up on my last posting. My husband found out the result of a DNA test on saturday and has an 8 yr old son.

There are backdated CSA payments, looks like back to November, which will be circa £2K. My understanding is my husband will have to pay 15% of net earnings. For simple sums lets say he takes home £2000 a month (he doesn’t but it’s easy for maths) he would have to pay £300 a month, correct? But as he has arrears he would have to pay those too. Am I right in thinking he has protected earnings of 60% of net. In my example £1200. So the CSA would take an extra £500 per month (the amount between £1200-£1700) for the next 4 months until the £2K arrears are cleared. And if it means the mortgage, council tax etc suffer, then so be it???

I read the CSA can take straight from the bank account. We are paid into seperate accounts but do have a joint account. Are we better getting both our wages paid into the joint account as the CSA can’t claim they are his as the account is joint, or are we better having seperate accounts? Also as another dimension the mortgage, my car HP and his car HP are all in his name,are we better putting the dd’s for those bills in my account with gas/electric/water/council tax etc to ensure they are paid, or have them coming out of his account. Any opionions welcome.


  • Pete says:

    Hi Get it all into your account, They can not touch your bank account,

  • Sally says:

    Get as much in your name (only) as possible… the CSA are a law unto themselves and will bleed you both dry… CSA staff lie, make up fictitious arrears and will treat your partner like dirt…. their main focus is on the bonus they get each year, NOT the people they are suppost to serve and help!!!

    The CSA are entitled to force the sale assets that are in joint name and assets that’s in his name only….

    When I found out they could force the sale of homes with a joint mortgage (even if the partner owned the house before she met the NRP), we sold up and put everything into my name only. He has nothing in his name now and they can’t get blood out of a stone…

  • Paul says:

    Fight & argue as much as possible to get the payments as low as possible. They put myself & my wife in massive debt & defaulting things & being fined due to not listening/lying.

    Get your local MP involved ASAP if anything is disputed keep everything noted, a spread sheet of payments & where possible do it all in writing as they deny phonecalls & agreements made in them.

    Good luck 😉

  • Lisa says:

    Get it all into your account, they cannot, join us for more help at child support agency rip offs facebook and twitter,, we can give you advice and support, good luck

  • topper says:

    Firstly they cannot touch your Bank account with having first gained a Liability Order. Secondly, with reference to your calculation, do you have any children in your household, as they will reduce the Net income prior to the calculation for the child with the ex.
    Thirdly, speak to the CSA and negotiate an arrears schedule, the steer is to clear any outstanding arrears within a two year time period, this is not Law, just a steer.
    Fourthly, are there regular payments being made at the moment?
    Fifthly (is there such a word as fifthly?) back up any conversations that you have with the CSA in writing, send letters Recorded Delivery and retain a copy for your records (the CSA are quite good at forgetting all about telephone calls)
    Sixthly (if there is a fifthly there must be a sixthly) the 40% is an enforcement, so if negotiations have taken place to clear the arrears then the 40% should not be applied.

  • rach says:

    yes they can touch bank accounts WITHOUT having a liability order so def keep as much as possible into your name only. if you have a joint mortgage with house in both names and you cant afford to get it transferred into your name only then the way around this would be to go as tenants in common and get a declaration of trust drawn up whereby you own the majority of the house xx

  • Sally says:

    Hi Everyone – I found out this information on the NACSA website….

    Deduction orders allow CSA to take money from bank and building society accounts, either as a regular deduction or as a lump sum. There is no requirement for CSA to apply to court to impose a Deduction Order, although you do have a right of appeal.

    Although the Agency has powers to use these orders against joint accounts, they currently limit them to accounts that are in the sole name of the NRP.

    A Liability Order has to be granted before the Child Support Agency (CSA) or CMEC as now known, can enforce any debt by way of court based enforcement measures, such as bailiffs , charging orders, Order of Sale etc. CSA may threaten you with bailiffs, and even that they will put you in prison if you do not pay the debt at the repayment level they demand – but they cannot carry out any such action without first securing a Liability Order through the courts.

    Liability Orders are currently granted by a Magistrates Court., but this is due to change under new legislation. CSA will no longer have to apply to the courts to grant the order. These are known as Administrative Liability Orders. Details of any appeals process against an administrative liability order are not yet known as the orders are not currently used.

    Administrative Liability Orders will be used to collect debt including a pre 2000 period. Until such times as the Administrative Liability Order come into effect, the courts cannot grant an order for debt that became due before 12th July 00.

    You are legally entitled to a Notice of Intention to apply for a Liability Order. This should be served 7 days before the application for a liability order is made. The Notice of Intention letter will include two dates – ensure that the date is no earlier than 13 July 2000.

  • >