What Action is Taken Against a Company that doesnt pay DOE?

Feline_friendly

MY ex's hasnt paid, and after a call last week the CSA was told they'd send it by BACS....they didnt and now the CSA cant get hold of Payroll. My ex is now another month in arrears because of this and it will soon be 2 if no payment is received by 19th.

What penalties does the company suffer and what will happen next? Should i go back to my MP?

I am getting so fed up.

Zara33

You must pay us the amount of child maintenance you have taken from your employee’s wages. This must be done as soon as possible, but no later than the 19th day of the month after the month in which you have taken it. So if you take the money on 30 September, we need it by 19 October; if you take the money on 1 October, we need it by 19 November.
Once you have made the first deduction you should establish a regular pattern of payment to us. This will mean we don’t have to contact you or your employee.

If this is not done you could be prosecuted under section 32(8) of the Child Support Act 1991.

http://csa.gov.uk/en/employers/payment.asp

Doesn't say really what would happen just that they could be prosecuted, hopefully someone will know the answer.

wobblebottom

AFAIK they (employers) are given a letter of warning re late payments- then can face a Compliance Visit to place of work if they fail to pay.. Followed by A prosecution .

I would also like to know what happens if the Employers habitually late pay a DEO often months on end, have already had visits made- possibly been fined already yet continue to pay late- withold payments

Is there anything I can do ?

DUTR

wobblebottom wrote: »

AFAIK they (employers) are given a letter of warning re late payments- then can face a Compliance Visit to place of work if they fail to pay.. Followed by A prosecution .

I would also like to know what happens if the Employers habitually late pay a DEO often months on end, have already had visits made- possibly been fined already yet continue to pay late- withold payments

Is there anything I can do ?

Hate to put a dampner on things, are you sure the DEO is in place? Although the csa say they can do this n that, I honestly do not think it is so straight forward to get a deo, don't the courts have to authorise it? Not sure why and employer would be so readily compliant with it's employee's salary irrespective of who is asking for it. I certainley would nt want a none desired deo out of my salary.
I thought that cmec was around to assist with recieving payment .

Feline_friendly

I know in my case my ex has volunteered to pay by DEO, i know no court has been involved in this.

Well i will be interested to see the outcome then....in the mean time my ex is getting more and more into arrears!

marksoton

DUTR wrote: »

Hate to put a dampner on things, are you sure the DEO is in place? Although the csa say they can do this n that, I honestly do not think it is so straight forward to get a deo, don't the courts have to authorise it? Not sure why and employer would be so readily compliant with it's employee's salary irrespective of who is asking for it. I certainley would nt want a none desired deo out of my salary.
I thought that cmec was around to assist with recieving payment .

Nope no court needed. They just go ahead and get it. The employer will nearly always comply as the fines etc are just not worth it if they don't.

CMEC is really just the overseeing system. The ways of collection have not really changed. ( apart from the fact they don't even need to go to court to get an LO now :eek: )

marksoton

Feline_friendly wrote: »

I know in my case my ex has volunteered to pay by DEO, i know no court has been involved in this.

Well i will be interested to see the outcome then....in the mean time my ex is getting more and more into arrears!

This might be where your problem lies. Because he has volunteered ( Why ) it's not really being enforced as such. Hound the agency and if need be get your MP involved.

Cold comfort i know but if you have only been having problems for 2 months consider yourself lucky !

catenorfolk

CMEC is really just the overseeing system. The ways of collection have not really changed. ( apart from the fact they don't even need to go to court to get an LO now :eek: )[/QUOTE]

Is that true now about the LO? that they dont need to go to court to get this?
The reason I ask is that my ex owes me quite a bit and the csa advise that this is being taken to court to legalise the LO, which they say has to be done legally. Usually they say this can take up to twelve weeks (needless to say that it hasnt reached the courts yet and it is 12 weeks now!!!) so is what they say about legalising it not right then?

Zara33

I think LO and DEO are two different things.

catenorfolk

that what i thought. as far as I was aware a DEO can just be put into force but the LO has to be authorised by the courts to make it into an official debt. I thought maybe i had got it wrong!!

Zara33

A DEO doesn't need to go to court, a LO does that's cetainly my understanding of them