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Looking for some advice, I had a deductions of earnings order on me in 2004 when I was with a previous company. After starting a new job in 2009 the CSA informed me that I had arrears of £7000, they had not recieved any money apart from a few random payments from the previous company. I faxed over wages slips to prove that DOE had been taken from me and was told that I was to repay all the money again through a new DOE plus current maintence with my new place of work. I've been in touch with them over the last 3years and they are yet to give me a good enough reason if any why they had not contacted me to let me know they had not recieved any money but when my new employer changed from fortnightly to monthy pay they were in touch within days to inform me they hadnt received payment due to the change. Numerous people at the CSA say it is not a CSA issue, it is between me and my previous employer and I should of checked that the money had been sent to them. If my wage slips stated money had been taken and my employer said it was and I had not been contacted by the CSA, why would I think any different. In the period I was gaining arrears I spoke to the CSA on numerous occasions and nothing was ever mentioned. I have been paying this money for 3years and everytime I bring it up with the CSA I get the brush off. I am putting together a letter to request confirmation that I have to repay the money and that they are not liable to collect it from my previous company and not me. Woud be grateful for any advice
Thanks
I'm not sure if the cmo are able to offer advice on individual cases, but I'll drop them a line.
Hi, I'm Sarah, a consultant at Child Maintenance Options. Sorry for the delay in replying.
The legal responsibility to pay child maintenance rests entirely with the non-resident parent. A deduction from earnings order (DEO) does not transfer the responsibility to an employer.
An employer can, in certain circumstances, be prosecuted for failing to comply with the DEO; and while such a prosecution may attract a court fine if the employer is found guilty, the child maintenance that should have been paid still needs to be paid.
I would suggest that you take this matter up with your employer. It may also be worth gathering your wage slips together, to show that the money was deducted from your earnings. This may aid any action you decided to take against your employer.
I hope this information helps.
Sarah.
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