Child Maintenance and Other Payments Act 2008

catenorfolk

i dont think that would work trying to get a deo on his bank account because all he has to do is take it out and open another one somewhere else. the idea of a deo is to for his employer to deduct monies at source before he gets it. They can, i think freeze his account, but not set up a deo on it. They could also put a charge on his property if he has one, but that would be once an LO has been legalised. but again the rules chop and change so many times.

marksoton

kelloggs36 wrote: »

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.

The sarcasm is duly noted !!

Is there any reason you don't think it would retrospective ?

CMAC_2

it would work perfectly well. you need a bank account in business you simple instruct the bank to take the money just like a SO or DD.

CMAC_2

kelloggs36 wrote: »

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.

it came into effect 1st june but wont start till 3rd Aug. But yes they should be able to do it if they have his bank account details

bdt1

And for the self-employed who do not have a bank account?

kelloggs36

I know my ex does - what about joint accounts though?????

CMAC_2

joint accounts are included also however the second account holder ie the other party not subject to the CSA needs to make representation as to why the deduction should not be placed upon the account. As for SE with no bank account they cant be touched other than committal to prison for none payment

kelloggs36

So CMAC can I ask the enforcement team to try the DEO method? Would they have the powers to find the bank account? I am aware that Criminal Compliance have those powers, if they are investigating a possible fraud, but if it is just to collect arrears from a very non-compliant person, could they force the banks to give the bank details?

marksoton

Numerous caseworkers can already see all an NRP's credit accounts. Thats why some have been phoned up about arrears and had their credit cards and the amount of available credit left on them quoted to them !

I would wager that bank accounts would be there to see as well. Certainly if any overdraft existed it would be.

Blob

One thing to remember is that a DEO cant be put on a War Pension, and there is though a £10 disreguard. Personally I think this stinks as if you are on DLA they cant touch it, one law for civies and one law for those of us that fight for the country!

I can hear LG getting her soap box out already! Just my feelings and I make no appols for this!