how long does an attachment of earnings take?

atwitsend_2

The CSA have been working on the case of my 2 childrens maintenance since Feb 2009, and last week I finally got a calculation through to say they worked out he should of been paying me £70pw :T after the CSA messing paperwork, we finally got there.
When no payment schedhule was sent through, I rang them and they say that they have been unable to contact the NRP, nothing new, as they had to contact his employers (i had given them their details after a postal mess up of me recieving his wageslip) as he wont answer the phone to them. They have his bank details from previous, but they say, and I can understand it, that they cant set up a direct debit without his consent. So they are putting it through to the department for it to set up as an attachment of earnings. I did ask them how long this is likely to take, but they had no time scale they could quote me. Has anyone got any idea of a timescale for this?
They have been unable to trace where he is living, the postal address he has given them is his parents address, who have confirmed he doesnt live there and doesnt collect any post, will this make any difference to the attachment of earnings? can he just avoid the CSA for the rest of his life? :rotfl:

mavvysmum

atwitsend wrote: »

The CSA have been working on the case of my 2 childrens maintenance since Feb 2009, and last week I finally got a calculation through to say they worked out he should of been paying me £70pw :T after the CSA messing paperwork, we finally got there.
When no payment schedhule was sent through, I rang them and they say that they have been unable to contact the NRP, nothing new, as they had to contact his employers (i had given them their details after a postal mess up of me recieving his wageslip) as he wont answer the phone to them. They have his bank details from previous, but they say, and I can understand it, that they cant set up a direct debit without his consent. So they are putting it through to the department for it to set up as an attachment of earnings. I did ask them how long this is likely to take, but they had no time scale they could quote me. Has anyone got any idea of a timescale for this?
They have been unable to trace where he is living, the postal address he has given them is his parents address, who have confirmed he doesnt live there and doesnt collect any post, will this make any difference to the attachment of earnings? can he just avoid the CSA for the rest of his life? :rotfl:

I work for a local council and deal with attachment of earnings relating to unpaid council tax so have a bit of knowledge about them. It doesnt matter whether they know where your ex is living, as long as they know where he works they will send an order to his employer to make deductions from his earnings at source (ie before he gets his pay it will be taken off) and the employer is legally obliged to comply with the order. What they deduct, and how long the attachment of earnings takes depends on how much he earns (sometimes done as a percentage) and how much he owes in CSA.

atwitsend_2

super stuff! so how long does the process take? does it have to go before a judge?

mavvysmum

Not sure to be honest - with council tax it has to go to a magistrates court before you can apply for an attachment to earnings, not sure for CSA but they probably have greater powers and can get things pushed through quicker!

atwitsend_2

Thats what I thought for council tax, so I will assume its the same lol. Thank you for your replies, very much apprecitated, its just a waiting game

mavvysmum

No problem, hope you get what you're owed soon!

DX2

atwitsend wrote: »

super stuff! so how long does the process take? does it have to go before a judge?

Nah they just hit the button so to speak and it's done. Unless of course he works for the MOD whole different ball game there!

kelloggs36

No the CSA do not need to apply to the courts - it is an admin task for them, done every day.

LizzieS_2

Ok so the wageslips came from his employer, so they are already 100% sure where to write to.

The employer will be instructed to make deductions. It then depends upon how your ex is paid as to when any payment can follow through.

If weekly paid the employer can make some deductions in December, but they are not legally required to pay this over to the csa until the latest of 19 January 2010. If he is monthly paid, it depends on the date in the month as it is entirely possible that the first deduction cannot be made until January - resulting in the first payment possibly reaching csa legally as late as 19 February.

All the above assumes the csa do indeed send the instruction out quickly (no comment).

atwitsend_2

You lot are so informative :beer:thank you!
Yeah he is on weekly pay, I dont expect the CSA to get their butts in gear anytime soon, after all this case started febuary :rolleyes: At the time, he told the CSA he was self employed, a !!!! up by someone from his family meant i got hold of two of his wageslips, which showed he had actually used an 'umbrella company' to pay his tax and NI, so as he is PAYE through them, he is technically employed :T since then he has just been dodging them like the plague, just glad its got this far tbh!

Oh and it would make my entire year if they took away some of his wages before xmas

PlayingHardball

My ex had to pay through his employer, and although I'm going back about 3 or 4 years, it happened pretty quickly. I wasn't left waiting for more than a month. Hopefully yours will hit your bank soon, you've been waiting long enough!