Enforcement of CSA Payments
Once the CSA has made a calculation for child maintenance, it has discretion to stipulate the method by which payments are made, to whom, when and how much should be paid towards any arrears. Notifications of any CSA decisions relating to payments must be made in writing, and should allow the non-resident parent as well as the person with care to make representations about them.
Payments to the CSA
In the majority of cases, the CSA prefer payments to be made directly from the non-resident parent to the person with care – save for when the person with care is on either Income Support or Job Seeker’s Allowance. In this situation, payments are made using ‘the collection service.’ In other cases (i.e. where the person with care is not on benefits) the collection service can be used if one or both of the parties request it. If there are problems with payments, it is possible to request the intervention of the collection service later on.Under the new rules for child maintenance calculations, if a non-resident parent is on benefits Jobcentre Plus may make deductions at source of flat rate payments, at the request of the CSA.
When Payments Fall into Arrears
The CSA only intervenes in cases where payments have fallen into arrears if the collections service is being used. However, it is important to note that by the time the first calculation is made there are always arrears to be paid (because the calculation isn’t made until after the date when payments are due).When a calculation is first made, the CSA will telephone the non-resident parent and tell them how the payments should be made, including the arrears. It is during this conversation that the non-resident parent should negotiate if they feel that they are not satisfied with the proposed schedule: this may be particularly pertinent given that the CSA always request that the initial arrears are cleared by way of a lump sum. (Any voluntary payments that have been made after the effective date can be deducted from the initial arrears.) The arrears are also notified in writing. If they are not paid within seven days of the written notification, the non-resident parent could face fines and enforcement action.
Enforcement Action
If a payment that is due directly to the person with care is missed, they must inform the CSA so that they can make enquiries as to why the payment has been missed. If a payment that is due to be paid via the CSA is missed, the CSA will follow this up of its own volition. In other cases, a person with care who is on certain benefits may request an increase based on the fact that child maintenance has not been paid.In these circumstances the CSA will telephone the non-resident parent to find out whether there is a problem (e.g. a change in circumstances.) If the non-resident parent anticipates that they may find themselves in difficulty over payments, such as an impending redundancy, they should contact the CSA in good time to negotiate a reduction. There may be a suspension of arrears temporarily if the non-resident parent is ill, unemployed or incarcerated.
Deductions From Earnings
A Deduction from Earnings Order (DEO) is where payments are deducted from the non-resident parent’s earnings and paid to the CSA. Voluntary DEOs are available if the non-resident parent requests it: however if they persistently default, fail to keep to arrears arrangements and do not respond to enquiries, a DEO may be imposed. However it is possible to appeal a DEO to a magistrates’ court within 28 days of its imposition, either on the basis that it is defective or that the payments being made to the non-resident parent do not qualify as ‘earnings.’If a DEO is inappropriate for whatever reason the CSA can apply to the magistrates court for a liability order. The CSA has to provide the non-resident parent with 7 days written notice of their intention to apply for this order. Once granted, the CSA can arrange for a county court to enter the order into its register like a judgment debt. This means that the CSA can pursue a charging order against land, property or other assets, a third party debt order against bank accounts or debts owed to the non-resident parent by a third party.
Disqualification From Driving and Imprisonment
In extreme circumstances, the CSA may take action to disqualify a non-resident parent from driving and can fix a term of imprisonment (up to six weeks) that is usually postponed to enable regular payments to be made.
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Comments...
Hi boyfriend has been given two different arrears sums in two days. The first being 2725 and the second 490 more since may 2011 he has paid off 1600 of his arrears but csa will not state if this sum had already being deduced from the arrears. They demand my bf pay off arrears at 558 a mth 40% of his wage when it was their fault he fall into arrears in the 1st place can they do this when he has 2 other children living with him.
abi - 31 January 2012 @ 10:20 PM
We was contacted in July 1994 2 days after coming home with our 1st child, regarding my partners ex, who disappeared with his daughter after having a affair. CSA calculated my husband as being single with no dependants, we disputed each request then finally in 2000 received case close arrears 0.01. we was overjoyed as we now had 2 children and a mortgage to pay.
12 years later the said daughter now 29, we have received a demand for arrears, they have contacted my husbands employer to enforce deductions.
I have the letter regarding the 0.01, but they will not entertain it, now had to appeal get out MP involved, but they still going to take the money.
Plus the ex has been married 4 times now!!! We have been together 24 years....
OUTRAGEOUS!!!!
kaydan - 25 January 2012 @ 1:33 PM
the CSA by their own admission and incompetence have made me a non paying father by failing to tell me in 2007 that my ex partner had started making a claim for child maintenance and the CSA admit that they failed to tell me that there was a claim!
Now they are trying to get a court order against me for arrears that they areresponsiblee for!
I am fighting this with the aid of my MP!
My ex lied to the CSA!
The CSA refuse to accept that we were in a private arrangement and My son stays with me for three nights per week!
I am fighting the ex through the court for a changresidencedance order!
The ex is now on her third partner in 7 years!
scottrocket - 21 January 2012 @ 1:28 AM
The fourth year,still not a penny, xmas next week, no presents, debt, ife a huge stress, surviving is bad enough without pressure of xmas, ex now owes in region of 9,000. I've followed the procedure rung, wrote, been passed from department to department still no better off still not a clue when if im going to receive anything. I got baliff threatening to come take our furniture over a parking ticket? How can this be right, he sees kids every two weeks for 2 nights. Even has the cheek to keep clothes I buy there for them to wear. never helps with school costs. ive lost my buisness, my life, hung onto house by skin of my teeth, but for how much longer don't know. All I want is to be able to give kids decent up bringing, start new buisness get on with my life debt free, but no seems I got to fight every step of the way.not fair when they are taking away years of our lives which we spend in a roller coaster of debt,sress.unhappy,. while he is onto next vicitim.and having some more kids when he can t pay for the ones he does have.
FLAME - 20 December 2011 @ 12:44 AM
Hello ?
I am a mother of a three-year-old girl. I am Serbian and my ex-husband is English. We got devorced in Serbia last year, after 5 years of relationship from which 1,5 year had been spent in marriage. Our daughter has a dual citisenship, Serbian and British. We had consensual devorce in which we agreed on the visits between him and her, as well as the child support amount that he would be paying. He suggested that that amount should be 300 euros per month and we have both agreed on that. Few moths ago he has moved to Serbia and has been having regular visits as agreed. He has also been paying the agreed amount each month with no delay.
Few days ago he has informed me that he considers that amout to be too high.
Additional information:
- Minimal child support in Serbia is 150 euros. (and that is very little ?, considering that only the bills for my flat cost that much)
- He is working for a sales company abroad (I belive in the UK or Republic of Ireland) or is partly an owner of that company. Most of his business he does on line. I am not aware of his monthly income.
- I have got a new job as microbiologist 2 weeks ago with a trial period of 3 months and monthly income of 260 euros.
Question:
Can he decrease the child support amount? Can I claim child support in Britain for our daughter in that case?
Thankyou in advance!
Best regards,
Calm and happy mum ?
mini mo - 5 November 2011 @ 12:09 PM
I have just done a search for declarator of parentage and this page came up.I have read with interest the above three comments.I can synpathise wholly with Leeklady, absent father was not paying, CSA took him to court, he then started making payments, then they stopped, CSA took him back to court and two years later I am no further forward!Absent father demanded a DNA test when my son was 10 months old and still will not pay for him.He now has a three year old and lives with someone, he does not work allegedly and she does!I can see my child being married and having kids of his own before this case is sorted out.Jonny and Tracey - what on earth are you talking about???!!!!!!!!My child's father has done everything he can and I mean everything to not pay for his son.I did not fall pregnant then demand money from him!We were living together, things were rocky, I discovered I was pregnant, we split, he promised to do everything he could for us (gave me £20 after I practically begged him when my son was months old as he was growing so fast I needed new baby grows).Then we never heard from him again, CSA started chasing him for payment and then it ended up in court.So in my case, and in many others I would think, the CSA do not "bulldoze" their way to an "unfair conclusion".In my view, it is completely fair what the CSA are doing in my case, albeit it has taken a long time and is still not over yet.
alice in wonderland - 5 October 2011 @ 11:27 AM
I have waited 11 years for the CSA to conclude my case, which started in 2000 and in July 2011 it went to tribunal and they found in my favour. I wrote to the Tribunal staff on the 16/09/2011 to find out what the conclusion was regarding the final discision and when to see a final settlement to this case. They wrote to me saying that it was no longer their concern and had passed the case to Preston along with a note of urgency as to why it was taking so long after the decision of the tribunal. I had a letter today, from the tribunal department, requesting me to answer YET AGAIN what I expected from the tribunal. Does this Government office NOT know what the other departments are doing? This now prolongs other issues relating to this case and this is how its been for these past 11 years. I appreciate that I am not the only case nor the only parent experiencing these delays but surely not even the CSA can continue at this rate. My children have all grown up, left home and have homes of their own, 1 of my daughters has made me a very proud grandmother. When I needed their help when the children were growing up they dragged their heels and in my opinion still are. Its caused the whole family so much unnecerssary stress and bitterness between their natural father and themselves. The absent parent was shown to be in reciept of earning of upto £50,000 per annum as a self-employed person, the absent parent actually has 2 businesses and still they have done nothing. If the absent parent is working they can deduct it from their earning and today they can even take the minimum from their dole monies. Failure to pay after numerious chances results in an appearence in a magistrates court with the chance of a 28 day sentence to do and still pay on their release, failure again and the sentence is extended. The longest they can sentence the absent parent for non payment is 6 weeks, but they have other tools to make sure the absent parent paystheir dues. They VERY RARELY do what they say they will do and NEVER take any action against those who constantly lie to them. The only reason why this case was even looked at was because the absent parent wrote and lied to them when they actually asked him to pay the arrears, until then they hadn't even contacted me concerning the case for over 4 years. To say I'm angry with the CSA is an understatement and I do not expect a conclusion this side of 2011
Leeklady - 24 September 2011 @ 5:07 PM
I totally agree Tracey, and more people would also pay if the CSA showed compassion instead of bulldozing their way to what in most cases is a unfair conclusion.
jonny - 20 July 2011 @ 11:06 PM
MORE PEOPLE WOULD PAY IF THEY WERE GIVEN HELP WITH ACCESS TO THEIR KIDS INSTEAD OF WOMEN FALLING PREGNANT THEN DEMANDING MONEY WITH NO THOUGHT TO THE FATHER OR THE KIDS WELL BEING AND RELATIONSHIP.
tracey - 18 June 2011 @ 8:40 PM
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