Attachment of earnings

[kernowlife]

I have recieved a letter from the CSA telling me that they have issued an attachment of earnings to my employer.

 

Can they do this without a court order, since I can find no evidence of a court order/hearing in their paperwork.

 

A bit of background.

My ex walked out on me about 3 years ago. It seems she was playing away behind my back whilst I was working away from home, then walked out when I got local work. within days I was getting letters and bailiffs contacting me over unpaid debts, namely council tax. It was never my intention to avoid paying maintanance, however it has taken me 3 years to get these debts paid off and was about to start sending payments to her when this all happened.

 

her new fella is financially well off and they run around in a brand new car while I am renting a cheap flat and driving a 12 year old banger. It seems that no sooner do I get one thing sorted then another comes up.

 

I have asked for information regarding the court hearing but I expect to be ignored by these people again (As usual)

 

Is this an illegal attachment of earnings order if it has not been issued by a court of law?

 

Also they have made a 12 month order, but have previously told me that in 5 1/2 months my case with the CSA will end. Can they do this?

[Ros1609]

No it is not illegal and there doesn't have to be a Court Order in place. Basically when you make a claim for CSA you can chose 'Direct Pay' which is where your ex partner pays you directly or you can use their 'Collections Service' which is where you pay the agency via an Attachment of Earnings Order and then the agency pays your ex partner.

 

Doesn't matter how well off her new partner is, his earnings are not taken into account at all

 

Why will your claim end in 5.5 months? How old is your child?

 

Edited to say you as the non resident parent don't get a choice in how you pay. It is your ex partners claim so she chooses how she would like to be paid i.e. Direct from you or the Collections Service

[kernowlife]

The reason my case is ending is because they have told me that I will cease to be under the CSA and transferred to the new body. I believe this new body has the options you mention above.

 

Are you seriously saying that they can deduct what they like from my wages without any legal recourse? Surely only a court can order that. I am living in the united kingdom not some 3rd world country.

 

I was not aware that we are living under a Nazi Dictatorship!!

 

To clarify, I have done nothing wrong, it was all on her side. She walked out on me! I offered to go to mediation to sort out our marriage. She moved straight in with her lover.

 

I have spent the last 3 years trying to stay out of jail over the council tax debt that should have been paid out of our joint account. (We are talking about £4000 here by the way)

 

Are you seriously saying that I am to be punished with no legal recourse, even though I am the victim here.

 

If so, then I suppose I shall become another statistic. I might as well just end it all. (Although knowing this lot they will probably send bailiffs to my grave)

[Ros1609]

It doesn't matter how your marriage ended. It doesn't matter what debt she has left you in. They won't be taking a random figure and they don't need a Court Order. It is reasonable to expect you to contribute to your child's upbringing. I'm presuming its for one child in which case it will be 15% of your take home pay plus an amount towards any arrears (if any have been incurred.) The amount are standard - 15% for 1 child, 20% for 2 and 25% for 3 or more

[kernowlife]

Welcome to the Nazi dictatorship of the uk. No wonder absent fathers are topping themselves

[goodatresearch]

Fathers are legally (and morally) obliged to meet their financial obligations towards their children. Why do you think this makes the UK a Nazi dictatorship?

[SabreSheep]

Hi Kernowlife

 

Sorry to hear the situation you are in, the system is far from perfect and I know others that are in the same situation as you. Some even have no access ot their child and are still expected to pay.

 

The situation is a tough one, granted! Please make sure you seek proper legal advice if you need to.

 

As to your mental well being, I am sorry you feel that way. Noone here is qualified to help you psychologically.. Please think of your own health and wellbeing and also the future of your child. If you feel down please contact the Samaritans on 08457 90 90 90 or speak to yoru GP and let them know how you are feeling.

 

Please feel free to use this thread ot get help and support with your situation in regards to your children.

 

Kind Regards

 

SS

[kernowlife]

Fathers are legally (and morally) obliged to meet their financial obligations towards their children. Why do you think this makes the UK a Nazi dictatorship?

 

Its a Nazi Dictatorship when the people running the system can do things like this without going through a court of law and when you question them tell you that you have no legal right of appeal or recourse.

 

I have no problem with paying maintenance provided it does not put me on the breadline.

 

I came on here for advice, not judgement. Only one of you has respected that, the rest have treated me like another shyster trying to dodge paying

 

Well thanks for that

I'm out of here (not just this forum, but life)

[caro]

Thread closed