Deduction of Earnings

Falcon09

Hi ! I will I will be most grateful for some advice please. I have found out last month that the child maintenance service has secured at attachment of earnings order against me with any notice whatsoever to me. Since my son's birth in 2009, I have paid child support  missing only once  with notice to the receiving parent in June 2017. She contacted the CMS who came up with the amount to pay plus the areas. I was told the areas would cleared in April 2018 however when i called in May of 2018 the declined to have the amount reduced and so I carried paying till September that same year when they admitted that i had overpaid for a period of three months but bizarrely they declined once again to recalculate and take the over payment into consideration. Which prompted me to take the overpaid amount with notice to them for a period of three months before reverting to their calculated amount for the year. Which I have since paid every month via bank transfer  directly to the receiving parent. Following this, they wrote to me and sent countless texts messages  to inform me they had taken over collecting the payments  plus added cost which I declined after they offered no tangible reason for doing so. Letters to them have never been returned yet when I speak to them on the phone, they acknowledge receipt of the letters. It wasn't until last month when I queried a deduction on my payslip thinking it was my employers' pension scheme that i was told it was deduction or earnings order made by the CMS and received on 24.12.2019.  I am making direct payments of a £147.19 every month via bank transfer and on the day CMS has asked me to do so  to the receiving parent and Since January 2020 a deduction of £167.43 of my earnings  to the CMS. The receiving parent has not had the decency to inform the CMS  that she is still in receipt of child support directly  from me and the CMS has also not had the decency to notify of their intended action to offer me at least a defence in court. As to the Judge who grants such reliefs for a government agency without  giving the other side a chance to present their case , the least said the better. I will be most grateful to for advice on how to stop the Order that has been secured, can the CMS be sued? and the receiving parent who has knowingly been taking these two payments. I wrote to them last month for answers and a copy of the Order and have received no response till date.  I have been on the gov.uk website on how to stop DEO but surprisingly no information is  on for that  except what actions CMS can take against a parent. Any advice will be much appreciated. Thank you 

Comms69

There is no court case. So there is no judge.

Stop paying directly.