CSA Attachment of Earnings Question..
Discussion
I am asking this from an employers perspective.
Chap at work has recently split with a long term partner, and she has gone to the CSA.
Not knowing the full facts of the matter, some of the details may seem sparse, but a few months ago we received an earnings enquiry from CSA. At the time said chap had been working significant amounts of overtime, hence the earnings enquiry reflected this.
We have now received an Attachment of Earnings Order to take sums from each wage. The sums to be taken are such that the amount will never be taken in full being as his wages are currently significantly less than a few months ago. He has told me that he does not consider the Attachment Order valid, since the matter has never been to court, and only a court can issue such an order. Consequently he says that any deduction made by the company would be unlawful.
I am sure that the CSA would not do anything unlawful, and that if it hasn't been to court there is some regulation that allows the attachment order without court, but is it correct that these orders are issued without first taking the matter to court and proving that the debt is a valid one?
(The order incidentally says that it is unlawful for the deduction not to be made, so I guess the company will be taking the money)
Chap at work has recently split with a long term partner, and she has gone to the CSA.
Not knowing the full facts of the matter, some of the details may seem sparse, but a few months ago we received an earnings enquiry from CSA. At the time said chap had been working significant amounts of overtime, hence the earnings enquiry reflected this.
We have now received an Attachment of Earnings Order to take sums from each wage. The sums to be taken are such that the amount will never be taken in full being as his wages are currently significantly less than a few months ago. He has told me that he does not consider the Attachment Order valid, since the matter has never been to court, and only a court can issue such an order. Consequently he says that any deduction made by the company would be unlawful.
I am sure that the CSA would not do anything unlawful, and that if it hasn't been to court there is some regulation that allows the attachment order without court, but is it correct that these orders are issued without first taking the matter to court and proving that the debt is a valid one?
(The order incidentally says that it is unlawful for the deduction not to be made, so I guess the company will be taking the money)
As Breadvan says, they are allowed to do this, providing there isn't a valid Court Order less than a year old.
Best bet is to get him to get together payslips for the last year, and submit those in writing to the CSA, appealing their amounts. It might also be useful to have something explaining why the payments have decreased so much, i.e. proving he has not deliberately reduced his income and is being paid on the side.
Personally derived advice is to do EVERYTHING in writing, as they could not find their bottoms with both hands, and the systems they use are execrable.
Best bet is to get him to get together payslips for the last year, and submit those in writing to the CSA, appealing their amounts. It might also be useful to have something explaining why the payments have decreased so much, i.e. proving he has not deliberately reduced his income and is being paid on the side.
Personally derived advice is to do EVERYTHING in writing, as they could not find their bottoms with both hands, and the systems they use are execrable.
Breadvan72 said:
PS: the parent can seek a review of the payment, and appeal to a Tribunal if the review is not favourable.
I know for a fact he has already appealed, I got a second form to fill in last week. In the meanwhile however, the deductions are continuing at the higher rate.How would he prove that he hadn't deliberately reduced his income? Would he need a letter from us as the employer, simply saying he had not been offered as much overtime?
Breadvan72 said:
Parents can agree a Court order for maintenance. If parents agree, and keep to their agreement, the CSA has no role. If that order is recent, the CSA will not step in. If the Order is old, and not being adhered to, the CSA could step in.
Not to be overly pedantic, but the "and" in the bolded part should read "or"I know a bloke who paid an agreed amount to his ex wife to help support two children. However she kept messing him around with access, changing the agreed days to ones where she knew he was at work (12 hour shifts). When this happened he'd stop the money till she allowed him time with his kids.
Anyway she decided she'd go to the CSA, so she could mess him around but still get the cash. She now gets quite a bit less every month.
She has however pretty much stopped him seeing his kids altogether and there is feck all he can do about it because even though a court granted him access no one enforces it.
Don't have kids and split up is my advice.
Anyway she decided she'd go to the CSA, so she could mess him around but still get the cash. She now gets quite a bit less every month.
She has however pretty much stopped him seeing his kids altogether and there is feck all he can do about it because even though a court granted him access no one enforces it.
Don't have kids and split up is my advice.
Devil2575 said:
I know a bloke who paid an agreed amount to his ex wife to help support two children. However she kept messing him around with access, changing the agreed days to ones where she knew he was at work (12 hour shifts). When this happened he'd stop the money till she allowed him time with his kids.
Anyway she decided she'd go to the CSA, so she could mess him around but still get the cash. She now gets quite a bit less every month.
She has however pretty much stopped him seeing his kids altogether and there is feck all he can do about it because even though a court granted him access no one enforces it.
Don't have kids and split up is my advice.
sAnyway she decided she'd go to the CSA, so she could mess him around but still get the cash. She now gets quite a bit less every month.
She has however pretty much stopped him seeing his kids altogether and there is feck all he can do about it because even though a court granted him access no one enforces it.
Don't have kids and split up is my advice.
t M8...I wish I'd know you and your advice 20 years ago. LOL.Although it pains me considerably to say it Breadvan is 100% with his advice. Deduct what the CSA tell you to deduct and tell your employee to deal with the CSA on the appeal. You can contact the CSA yourself and get some advice. number on website.
Red Devil said:
One thing the employee needs to do is make sure the CSA have correctly calculated the protected earnings figure for the DEO. The OP wouldn't be the first person to find they have got it wrong.
How do they calculate it, any idea? Much as I am for paying for the kids, I also like to think no-one would get screwed over.I have spoken to the CSA, the give the impression it IS a court order they have, although I suspected at the start that the employee was truthful when he said it had not been to court.
daz3210 said:
How do they calculate it, any idea? Much as I am for paying for the kids, I also like to think no-one would get screwed over.
I have spoken to the CSA, the give the impression it IS a court order they have, although I suspected at the start that the employee was truthful when he said it had not been to court.
Monthly monies are calculated at 15,20 and 25% of take home pay (after pension,tax etc) for 1,2 or 3 and above. Then there are deductions for the amount of time they spend with him. Arrears allow them to take up to 40% of take home pay.I have spoken to the CSA, the give the impression it IS a court order they have, although I suspected at the start that the employee was truthful when he said it had not been to court.
There are no court orders, but the CSA don't need them.
randlemarcus said:
Monthly monies are calculated at 15,20 and 25% of take home pay (after pension,tax etc) for 1,2 or 3 and above. Then there are deductions for the amount of time they spend with him. Arrears allow them to take up to 40% of take home pay.
There are no court orders, but the CSA don't need them.
So, if I take his average pay over the period they enquired about, should the protected wage be approx 60% of that?There are no court orders, but the CSA don't need them.
CarTimeNow said:
as much as i know ph is great for advice get him to go onto moneysavingexpert forums into the child support sub forum.
there is an ex csa worker who helps out.
iirc the most they can take is 40% of take home (however we all know they are a law unto themselves)
I would seriously not take any advice from an ex-CSA worker, remember near minimum wage basic admin bods...no expertsthere is an ex csa worker who helps out.
iirc the most they can take is 40% of take home (however we all know they are a law unto themselves)
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