What counts as earnings?
The CSA calculates child maintenance payments on the basis of your income. One of the options for enforcement is taking a deduction from your earnings in order to satisfy your child maintenance payments. A Deduction from Earnings Order (DEO) is a secure method of collection of child maintenance as it is paid directly by the employer of the non-resident parent to the CSA, which then passes it on to the resident parent.
How Do DEOs Work?
DEOs work in a very similar way to Attachment of Earnings Orders, which are used to collect debts for things like county court judgments and fines. You should be aware that it is not up to your employer as to whether they should deduct earnings from your pay or not. It is a discretion of the CSA, and if an employer fails to cooperate with a DEO then they can be prosecuted and may also be required to pay a fine.What Are My 'Earnings'?
It is sometimes confusing as to what ‘earnings’ actually are for these purposes, and it can leave you wondering how much of the money you receive will be deemed to be your earnings as regards child support payments.For the purposes of the CSA, earnings are the funds that are taken into account after the deduction of income tax, national insurance contributions and pension contributions. Pension contributions must be regular, and lump sum payments are unlikely to count. If in doubt, you should seek advice on this.
Money That Is Not Classed As Earnings
Money that an individual receives that are not classed as ‘earnings’ include: statutory payments made by an employer for reasons of maternity, paternity, redundancy or adoption pay; tax credits; social security pension, benefit or allowance, any payments made under a disability pension or benefit; or a guarantee payment under social security pensions legislation. If you receive any of these kinds of payments and they are your sole income, your employer cannot use this payment to deduct child support from your earnings.Money That Is Classed As Earnings
Employers can however deduct money from the following types of earnings: private pensions, occupational pensions; wages; overtime pay; bonuses; commission; or any payments that are made on top of a person’s wages. In addition, it is possible to deduct from an individual’s statutory sick pay. If your employer pays you ‘contractual’ maternity, paternity, redundancy or adoption pay, this is classed as ‘earnings’ and can be subjected to deductions for child maintenance.Difference Between Contractual And Statutory Pay
The difference between ‘contractual’ and ‘statutory’ in these circumstances is that for contractual pay, the amount that you are paid is determined by your contract with your employer. ‘Statutory’ pay is a minimum amount of money to which you are entitled by law. Contractual pay is therefore higher than statutory pay. If you are receiving contractual pay in these circumstances, the deduction cannot be so high that it eats into your statutory pay.
If you are on statutory maternity, paternity or adoption pay, you may be subject to deductions from your earnings once you choose to return to work. This may be on a voluntary basis, or you may be required to do so.
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Comments...
My ex is on a nil assesment by the csa so has paid no support in 3 years since he left. He is self employed and his tax return says he has earned nothing. I however have copies of all his bank statements as part of our divorce proceedings which shows large amounts of money being paid into his account by his father. Thousands every month. I also have the judgement from our divorce in which the district judge is very vocal about my ex's lifestyle (evident from bank statements) without him paying any child support. Can his income be calculate based on what has been paid in to his bank accounts over a fixed period. He is clearly doing this to avoid paying for his children.
KS70 - 26 January 2012 @ 1:04 PM
Can someone explain what should happen where one side is effectively given a free house (ie gets all of the equity in the mat home and buys something outright) and therefore has a massive benefit but the other side gets no capital out (will get some when children are grown) and has to pay rent or mortgage on a new house.
Children are in a shared care arrangement where they are (out of 100 nights) 42 with dad and 58 with mum.
It seems that the maintenance payments are calculated purely on income and so its a double whammy for the worse off party. One side gets full maintenance and a free house (and therefore a fantastic standard of living, better than during the marriage!) and the other has to fund housing and pay full maintenance.
Surely the free housing has to be taken into account when calculating the maintenance as the biggest cost of most households has been saved on one side and exacerbated on the other?!
In my case this has basically enabled my ex to take a career break whereas I am totally insolvent. Surely something is wrong here?!
Woody - 21 December 2011 @ 1:06 PM
Can you tell me how my ex husband who gets more money a month in benefitsthan i do from my full time wage doesn't have 2 pay a penny in child support.my sons 4 and he's never paid a penny I am left struggling 2 pay childcare fees each month and may have 2 give up my job.
Kaz18 - 24 November 2011 @ 7:46 PM
Can anyone confirm the regs regarding allowances. I am a soldier and receive LOA as a result of being sent to Germany. LOA is an allowance which is paid to offset the cost of living in a foreign country. I see my kids every fortnight and pay £390 (as per the CSA calculator). I am a little worried that my ex is now wants to take this into account and I will be liable to pay arrears which will affect me seeing the kids.
Dougie - 7 November 2011 @ 10:12 PM
Hi, can any one tell me if I can get the Csa to take into account my ex partner earning on a property he rents out. He also works full time which the Csa are involved with. Also my ex and I had an agreement that he would pay half uniform costs and school trips, but he has now gone back on this so can anyone tell me what the Csa payments are for.
Brightonhgirl74 - 23 October 2011 @ 3:25 PM
Confused are you serious. First it is not his new partners child it is yours and his and has nothing to do with her. It is based on the fathers and only the fathers income.The CSA can not take into account her wage whether they are married or not.It has nothing to do with her or her wages this is his responsibility and his alone.
laa - 28 September 2011 @ 1:34 PM
I have a private arrangement with an ex to pay her child support.I am do to be going to Afghanistan as a civilian to fix MOD's vehicles.I will be getting hazardous pay.If she decides to go to the CSA next year will the hazardous pay be taken in to account or will it be exempt.
las - 28 September 2011 @ 1:18 PM
Confused, you should NOT receive a penny from your ex's new partner's wage. She was not involved in the creation of your children so therefore owes you NOTHING. She has her own household to run and support and morally has no obligation to support you also. She will support your children when they are staying with your ex. My partner is a stay at home dad, and I earn all of the money for this household and this household only. I refuse to pay a single penny to his ex because morally I shouldn't have to. I know it sounds harsh to you, but it would be very unfair of you to try and pursue this woman for her earnings when she does not legally have any responsibilty for your children. Like I said to you before, she will support them when they stay with your ex, and not pay you a single penny. I don't know what makes you think you have the right.... What if they were to split up? You'd be stuck then wouldn't you?
Rachel22 - 26 September 2011 @ 9:08 PM
My ex partner has decided to become a stay at home dad with his new partner and their baby, his partner will become the sole bread winner and support the family from her wage, however they are not married. Due to this he has stopped his child maintenence payments, for the 2 children we have together, on the grounds that he is no longer earning. This means a loss of income of £400 p/m to support our children. Will the CSA be able to take into account for maintenence, his partners wages, or do they need to be married before that can be included. If so how should I pursue this? Also he is receipt of a military pension each month, which I remember was guaranteed for life, should this be taken into account and classed as an income?
Confused - 22 September 2011 @ 1:15 PM
Edward- it matters not if you were married to the mother or not, if you know for certain you are the father then you have the shared responsibility to pay towards their upbringing. If you are in doubt then DNA testing to establish parentage is the answer to doubts.
Children are not, and shouldn't be treated, as pay per view by either parent.They have a right to be raised by both parents and maintained by both parents.
If you pay currently through the CSA and you are finding matters difficult then ask for a re-assessment or appeal the decision.
fluffybunnykins - 4 September 2011 @ 9:29 AM
To Commodor,if he isn't names on the birth certificate then he shouldn't be paying. If he believes that there is any doubt that the child is his he should take a DNA test and determine either way,it is in the best interest of the child to know if he is his father or not.
If DNA establishes that he is not the father then he is no longer liable.Once the CSA become involved they never leave youalone.
fluffybunnykins - 4 September 2011 @ 9:25 AM
Help. The CSA are adament that the benefit in kind that is added to my payslip to account for personal tax and NI for a Company Car constitutes income.
They have added this monthly addition to my regular pay and say that I need to have this included as Net Pay stating that this is taxable income
The amount is over £5,000 per year so make a big diference to how much I am expected to pay
I have pointed out twice that i believe they are incorrect (as this sum is not cash merely a tax correcting adjusment) but they are just ignoring me and stating that this is within their legislation
Are they correct?
Phil - 31 July 2011 @ 2:02 PM
Am I obliged to pay eventhough we were not married, nor I dont see much of my children now? I am barely just able to get by every week as I have taken responsibility of the massive credit card bills that she had incurred during our time together. Please help me with these questions, Thanks
edward - 30 June 2011 @ 4:39 AM
Can someone let me know if my husband's ex wife received £30000 in divorce settlement does the csa account for this as extra earnings or is it not taken into account jen
jen - 31 May 2011 @ 3:02 PM
I would like to know if the adjustment to my salary to increase my annual leave entitlement, as I am permitted in the terms of my contract of employment, should/could be taken into account when calculating my net weekly income.In order for me to have the time off work to look after my children that the Contact Order I obtained allows I need in increase my holiday entitlement.In return, my employer deducts part of my salary in direct proportion to the time I have off, in the same way that a part-time employee would have their salary adjusted for the hours they work.However, the CSA have told me that this is a voluntary payment and thus can not be included in the assessment, which makes me feel that I am paying twice for my children.
RJF - 30 May 2011 @ 5:17 PM
Please can someone tell me on behalf of a relative of mine, if a child is not registered with the father's name on birth certificate the mother of this child refuses to have his name on it, is he still liable for that child? Even though he has paid voluntarily till now, the said child is now 8yrs he now as three other young children and is still with their mother as a family. Their youngest is only 3 and the eldest is 6 , the csa now want £400 a month from him. He works always and pays his bills on time just manages to get by and has never had holiday with them where his ex has been to o2 concerts, gigs, holidays away, has car, sky tv, personal luxuries. Is this fair thanks? He can't even claim tax credit as he is just over the weekly amount of wages by 49p.
commodor - 14 May 2011 @ 2:38 PM
I receive disability and incapacity does my partner pay the flat rate to his ex wife, also child now 19 and they now want payslips from last year.
JA - 12 April 2011 @ 1:58 PM
Can somebody tell me if my ex gets married (we were never married) do I still have to pay her child support or will the amount that I have to pay go down?
johnnie - 27 March 2011 @ 2:17 PM
The Child Support Agency confirmed to me that they are unable to deduct more than 40% of your earnings this is because the other 60% is what they and the law classes as protected earnings and should always be left for you to live off.
EJB - 25 March 2011 @ 7:35 PM
Could anyone please tell me if an amount greater than 40% can be taken as a DEO?
AC67 - 20 March 2011 @ 8:01 PM
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