Home > Changing CSA Decisions > Employers' Legal Obligations to the CSA

Employers' Legal Obligations to the CSA

By: Lorna Elliott LLB (hons), Barrister - Updated: 19 Nov 2015 |
 
Employer Employee Payment Deduction

If you are paying your child support through deductions from your wages, it might feel as though your employer is deliberately trying to make life difficult for you, or embarrass you, but the truth is your employer has to comply with the law and may be penalized for not doing it.

Providing Information About Employees

Employers are required to provide truthful information about their employees under the Child Support Act 1991. If you provide false information to your employer, that they knowingly pass on to the CSA, your employer can also be prosecuted for this. Employers have to be pro-active about providing information too: if they are seen to be delaying the process of collecting child support, or are obstructive about providing information about you as their employee, they can be criminally liable. Your employer can be fined up to £1000 if they are found guilty of any of these offences.

Types Of Information That The CSA Requires

The CSA generally ask employers to confirm a number of details in relation to employees who need to pay child support. These include confirming an employee’s identity; supplying details of their address and other contact details; how much money they earn either on a wage or salary basis; and their bank account details. It is also common for the CSA to send forms to employers to pass on to their employees, but only if the CSA does not have an address for you or if you have not responded to letters from them. Less frequently, an officer from the CSA can interview an employee at their place of work. Employers are required to allow this to happen, and the officer is entitled to speak to any adult on the premises at the time. An employer who ‘obstructs’ an officer in this way may be liable to criminal prosecution.

Paying Deductions

An employer has a legal responsibility to set up a deduction from earnings order and to pay the money that has been deducted from your earnings. Once an employer has deducted money from your wages, they must forward the deduction on to the CSA within a specific timescale. If they do not do this, they may again be subject to criminal prosecution. Your employer must pay the money to the CSA within nineteen days of the month after the month that you have been paid. This means, therefore, that if you are paid on the last day of each month, your employer must have sent the money to the CSA by the 19th day of the following month. Each deduction should be sent on or around the same day each month thereafter. If your employer is erratic with payment dates, the CSA may contact you or them about it. It is your employer’s duty to ensure that they deduct the right amount from your earnings. If you have a query about how much is being deducted, you should contact them in the first instance. If your query is about calculation of the amount you owe, you should contact the CSA.

Making Payments To The CSA

Employers make payments to the CSA by bank transfer, internet or telephone banking, or by cheque. The CSA prefers to deal with payments electronically, however, which is also less time-consuming for the employer.

When You Leave Your Job

If the numbers of hours you work change, or you leave the job, or are made redundant, your employer is required to tell the CSA. This is intended to ensure that the CSA keeps track of the payments that you have made and whether they need to make a reduction or increase of the amount payable, depending on your circumstances.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
The CSA want to write to me at work.Does my company have to allow them to do that?
sheba - 19-Nov-15 @ 9:13 AM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments
  • Ross
    Re: What Happens When the CSA/CMS Gets it Wrong?
    I have been dealing with all sorts of issues from the cms for over 6 years butThe worst of it has been in the…
    15 October 2018
  • haffie
    Re: Can a Parent Give Up His or Her Parental Rights?
    my sister wants to hand over her two daughters parental responsibilities to me. how can she go about it…
    15 October 2018
  • Claire
    Re: Domestic Violence and Contact
    Hi I was moved to a different city by social services as my ex partner was extremely violent he’s on the birth certificate and my…
    14 October 2018
  • Anon12345
    Re: Can I Get Back Pay for Child Maintenance?
    Hi all, I read all the response and its all to do with fathers having to pay CMS. I am a father with 10 year old…
    14 October 2018
  • Medusa
    Re: Moving Abroad, The Issues
    Myself, DH and 2 children (12 and 8) are considering moving to another country (non-EU) - for 3 years - where I have family links. I…
    14 October 2018
  • Cakd
    Re: Moving Abroad, The Issues
    Hi, I am a non eu and living in the England with my british husband. We have 2 kids aged 17mos and 3mos old. My husband and I are not…
    13 October 2018
  • Dizzy
    Re: Child Maintenance Payments: Your Entitlement
    My daughter passed away 6 years ago leaving her 5 year old son. He came to live with me,his nanny and grandad…
    12 October 2018
  • Joeims
    Re: Child Custody Rights
    I was with my ex partner for 11 year she had two kids to two different dads which i took them on as my own specially my daughter who i have…
    11 October 2018
  • Joeims
    Re: Child Custody Rights
    I was with my ex partner for 11 year she had two kids to two different dads which i took them on as my own specially my daughter who i have…
    11 October 2018
  • Roland rat
    Re: Enforcement of CSA/CMS Payments
    Yeah they are taking nearly half my wages had to go bankrupt, don't even know if the kid is mine and if it is I know I was set…
    11 October 2018