Am I paying the right amount and what can I do?

StressedPerson8

I'm a mother of 3 children who live with their father and had a Deduction of Earnings Order attached to my Salary in December last year as a result of not paying regularly (don't anyone beat me with this - I'm fully aware of my responsibilities and am keen to reduce this debt which was £2000. I had a breakdown last year, didn't notify the CSA I was out of work and as a result, built up arrears that can't be adjusted)

At the end of December an amount of £258 came out of my pay (I'm paid weekly) and I was advised by my payroll when no further payments came out that the Deduction of Earnings stated that I had a Protected earnings amount of £402 and they couldn't take any money unless I earned more than that amount. I asked them to look into it as I had a feeling that was wrong.

I moved house in October last year and then in February this year and notified the CSA of my change of address and they didn't update their records so I received no orders from them. In a nutshell I have received NO Deduction of Earnings from them re: the payments that are now coming out of my salary.

Huge payments started coming out of my salary in April and my ex husband has received £2987 since the beginning of May. I have called the CSA a number of times regarding this and my employer to ask why and how and my employer explained that my protected earnings limit was corrected in April (apparently my pr. earnings should be £92/week or £402/month not £402/week) and I am paying the December order arrears and the new one issued in April so every week I pick up £92/week. I work for an umbrella company & I am able to offset my travel expenses against my taxable income (which come to more than the £92/week). If my expenses haven't been processed in time, my whole salary gets taken into account re: maintenance hence the large payments.

As I haven't received a copy of the December order or the April one, I am in a quandary as to whether everything was above board or just misinterpreted. When I'd called the csa, I was told that if that's what was being taken out then it was correct. My employer is adamant that they are deducting from both orders and this is correct. I called the CSA again last week out of desperation and finally spoke to someone who didn't brush me off and she looked at my records on the system.

Just to confuse things further, she said I should be paying £35/week, and this was an order issued in March!! She sent me the copy and a statemnt of payments and I mentioned this to my payroll department who asked me to send it to them however I'm reluctant to do so as I think it would confuse things for now. The CSA apparently know nothing about the April order, or why I am paying on the December order as well and they are going to look at my paper file to see if there has been a glitch and their system hasn't been updated (??). I hope to hear from her by the end of this week.

Meanwhile, I haven't seen my children for 3 months as my partner is now out of work and can't help me with train fares and hotel bills any more as they live 250 miles away. I have to put credit on the kids phones so they can call me (which I can't do any more) as they're not allowed to call me on the landline and meanwhile my children, ex husband and his new wife have been on holiday 3 times this year already and when I try to speak to the children get told they're busy and if I want to talk to them, should come and see them. This can't be good for them

All I want is to have regular income and know what is coming in each week and be able to budget. Takes 2 hrs to get to work and 2 hrs to get back each day and I'm seriously considering throwing the towel in as it seems to be for nothing!!

HELP! Is it worth it?!

StressedPerson8

I've just looked at my post and realised I had no replies - I kind of hoped I would do. Just to close this thread down; I was vindicated. I was right and for some reason (this will be my mistake) looked into the ether when I was desperate, for some reassurance, believing that in this thing we call the world wide web, I would find one solitary human being that understood MY situation and what I have tried to find the strength to endure.

Ho hum. Battle won, alone, again, and thank you so much. Not.

I've noticed on this particular forum that you have to be in the throes of a media recognisable situation to have replies from people that can relate to you. If I'd said I was a mother looking for maintenance - I would have had a reply. If I was a father, not able to see his children, I would have had a reply. Because I was not either of those, what I had to say meant Jack S**t.

What I would like to say is that I've been on both sides of the coin and it's important to realise that the CSA are there - at the moment - as a tool (however limited) to get maintenance to enable a family to survive. They should neither be a stick to beat ex partners with or be the reason for people who need to fight the system in order to be able to judge others.

I've been suicidal in my situation and I'm damn relieved that I had the strength to get through MY personal situation.

Regards

NACSA_CHAIR

Stressedperson. It is a sad fact that CSA are imposing DEOs at the earliest opportunity - and often when there are no grounds to merit such action. Sadly there is no real way to prevent the DEO from happening whilst there are arrears on the account. So a/ you MUST get the alleged arrears totals checked - if the CSA are going to take such monies from you, you must be sure they only take what they are entitled to take. b/ you need to ensure that your current PER is correct and upto date. I have to say £92 pw is low...do you have low mortgage costs?

legally the CSA can take all monies so long as they do not take you below the PER...however, we have assurances from CSA Directorate that under no circumstances will they exceed 40% maximum. We have succeeded in getting a couple of DEOs adjusted that had indeed been taking more than 40% , so if the deductions are more than 40% let me know and I can try to get your case looked at.

I may have missed it in your post - but if this is an arrears only case, you would now not be able to change the PER...so again, you need to confirm if you are still paying regular maintenance, and how long has it been since your last assessment was made.

DEOs are almost impossible to stop - so you need to make sure they are correct. And what is more scary - next year they will be doing the same with Liability Orders!!!!

Blackpool_Saver

Hi, you are not alone.
I am sorry things are so difficult for you. The one thing about your post is that it shows that this can happen to a woman just as it can to a man.
I hope you get it all resolved. Have you considered getting an MP on board?

McKneff

hello there, I have just read your original post and then your second.
i'm sorry, had i seen it before, i would at least have posted something
just for moral support at least. My son was in a similar position to you
and felt like jacking it all in, and felt suicidal, it was heartbreaking hearing my son of 30 crying on the phone, i feared he was going to do something silly.
3 years donw the line they sent him a cheque as compensation because they had been overcharging him. If it had been a small amount i would have told him to tell them where to stick it.

Its tragice that yu have not seen your children, can social services not help
Please keep posting - we are there for you even if you dont think so atthe moment.

my very best wishes

NACSA_CHAIR

Annie...What a fantastic signature! I love that!

McKneff

Someone gave me a little plaque with it on for a big birthday and it is so true.

it can be adapted for any situation - delete inferior add annoyed, bullied,
down hearted, see what i mean.;)
toodle loo for now

StressedPerson8

Thanks for your replies, I am paying arrears as well as regular maintenance. The CSA are adjusting the arrears for me and I've been told that they will reduce the amount I need to pay while reassessing my maintenance so the arrears are not going to take me up to my PER every week. It's the payroll department of my company at fault and they didn't disregard the original order and were paying on 2 hence the confusion. I fully intend to get legal advice re: their !!!! up however am not going to make a fuss about the arrears thatI've overpaid as they were arrears and on the bright side, it's almost finished! I understand that the CSA have a Client Fund Account team who should have picked up on irregular amounts and they should have phoned my employer to rectify that. It's clearly stated on my DEO.

Prudent

Excuse me - for some bizzare reason I wrote a post for another thread and it has ended up on here.

flateric81

bottom line is that each DEO states on it that it will replace any previous order. you should not have had deductions made twice