URGENT please help I am losing all my money

miamoo

My ex pays his CSA via a DEO, he has done for years and it usually works fine, I haven't recieved any money for the last 2 months so I chased it up with the CSA last week.
Just had a call from the CSA,the company my ex works for is going into administration, this is why they haven't passed any money on.

The problem I have is legally can they do this?, the company is still trading (just) still paying its staff's wages every week as usual, yet they have kept all my money. The CSA woman said she will 'try' and get me 'some' of my money! I want all my money!!

Where do I stand legally? please help x

miamoo

Jill_ wrote: »

I don't mean to be nasty however you sound a tad ungreatful, Its not "your" money as you put it. Its money for your children.

WHAT! If I sound a 'tad' ungreatful its because I am seriously pee'd off!!:mad:

The company are collecting the money still, just not passing it on to me, they are keeping it??

miamoo

Can anyone help thats actually read my OP thanks x

CSA_Debt_Bod

It is her money. Yes it is for the child but how she spends that money is her business, and I am sure that her child has not gone hungry, unclothed etc for the last two months that she hasn't received her maintenance. She has (presumably) paid for all the things her child needed and now she quite rightly wants her maintenance so she can be reimbursed. Why should she be grateful for what is rightly and legally hers?

Miamoo, you need to nag the CSA until they do something about this. Tell them you want your case referred to criminal compliance ASAP; they deal with employers who are not abiding by DEOs and they are the people who will prosecute the employer for not sending the deductions on to the CSA.

RedSky

Your situation was discussed by MPs on 16th December 2009.

The question was asked by MP Brian Donohoe - http://www.theyworkforyou.com/whall/?gid=2009-12-16a.251.1

The answer from MP Helen Goodman - http://www.theyworkforyou.com/whall/?gid=2009-12-16a.266.1

In a nutshell, the NRP is still liable (even though the money has been deducted by DEO from the NRP's wages) so the CSA will start enforcing payments again from the NRP. Once the NRP has paid twice (and been through enforcement procedures for arrears caused by no fault of their own) then they can claim back from the liquidators.

Fair?

CSA_Debt_Bod

RedSky is right, that is the legal situation.

I have known a few cases where this has happened lately; some companies who are struggling in the recession have been using DEO deductions as a kind of cash flow and it is theft.

Miamoo do you speak to the NRP? He could go to the police about his employer taking money off him and keeping it. This is what the CSA usually advise NRPs to do in this situation, while also passing the case to criminal compliance to try to get the company to hand over the money.

shell_542

So the NRP is could have anything up to 40% of their income deducted by DOE, which the employers are basically stealing, then have up to another 40% demanded from the CSA and be expected to live on as little as 20% of their income for the month?

Wow. Just when you think the whole system couldn't sink any lower..

I hope you get is sorted OP.

miamoo

Thank you so much for taking my post seriously, yes thats exactly whats happening, we have 2 children together and the DEO is for 40% of his earnings.
They are keeping the maintenance payments as cash flow as you said, its disgusting, its my sons 16th today and I was in tears earlier because I couldnt buy him a present.

I have had to struggle all over xmas because of this and all the CSA can say is " dont worry we can make him pay again!!" I said WHAT! he has paid once already, why should he suffer.

He is a good dad, pays for the kids, works hard, and he is going to suffer because of this.

I will tell him he will have to go to the police, I really can't believe this is happening. (I am sorry to the poster I snapped at I am upset)

Thanks again everyone x

Just re-read the posts, and forgot the Criminal Compliance bit, I will ring her on Monday (when she is next in) at least I have a name and a direct number to call, it would be a nightmare trying to explain all this everytime I ring the CSA!

romanempire

If he's a good dad why have the CSA in the way? Dump them and setup a private arrangement.

miamoo

I have spoken to the CSA twice and I'm getting know where:mad: apparently the criminal compliance department wont look into it because the company is in administration, she keeps saying ring back, and then having no answers for me.
At this rate the company will actually fold completely and then all the money will be lost, its getting close to £1k and the payments are still being deducted from ex's wages.

I have an appointment with the CAB tomorrow not sure what they can do if anything really, and I've told ex to speak to the police regarding theft.

miamoo

sorry meant to say the reason I'm using the CSA is years ago he wasn't such a good dad an he didnt pay. Alot of arrears built up, so if I cancel the claim, I lose the arrears.

Also the company went into administration last year, and was saved, but my CM was never disrupted.