Child Maintenance and Other Payments Act 2008

CMAC_2

Commencement Order No 5 came into effect 1st June 2009 (powers to make legislation) for all other purposes 3rd August 2009. This legislation introduces DEO’s from your bank account and a lump sum order from people who hold money on account i.e. solicitors holding the proceeds of sale.

catenorfolk

what about naval pensions - can a DEO be put on that???

CMAC_2

The ability to put a DEO on any service pension has existed for years

catenorfolk

CMAC wrote: »

The ability to put a DEO on any service pension has existed for years

really. Well i can see yet another arguement coming with them, my ex has had a naval pension for the last three years and they havent used that for a DEO. Thanks for that..... xx

marksoton

Great, DEO's straight out of bank accounts.:rolleyes:

I hope they use a damn sight more discretion than they do when slapping on the employment ones. :mad:

catenorfolk

i dont care about discretion in this case. if he is embarrassed then GOOD!!!!!!

kelloggs36

I wonder if old cases are caught up with this legislation???? It means, that whilst a DEO couldn't be attached to my ex's wages (self employed), they could possibly get it via his bank account?????

Not in the loop enough to know if it applies to all CSA cases, or only new legislation ones?

marksoton

catenorfolk wrote: »

i dont care about discretion in this case. if he is embarrassed then GOOD!!!!!!

I am sure in your case it is warranted. The problem is many compliant NRP's get hit with employment DEO's. I just don't believe it won't happen with these, which lets face it are even more invasive.

marksoton

kelloggs36 wrote: »

I wonder if old cases are caught up with this legislation???? It means, that whilst a DEO couldn't be attached to my ex's wages (self employed), they could possibly get it via his bank account?????

Not in the loop enough to know if it applies to all CSA cases, or only new legislation ones?

I can't think of a reason why it would not be retrospective.

By making it apply to older cases it gives them another tool for recovery. A chance i very much doubt they are going to miss.

CMAC_2

it applies to all arrears cs1/cs2 including those that could not be reached due to statue of limitations. It will also apply to dividend payments/ company shares they simple serve the order on company sec.

kelloggs36

Brill!! I will be on to Enforcement on Monday to ask if they have tried to attach a DEO to his bank account. They are going for committal at the moment, but they haven't tried to extract any money as he is self employed.