Appealing a DEO

Originally posted in "Child Support" - Admin, can you please delete from there?

Firstly, let me state clearly that I have no problem paying maintenance for the upbringing of my children.

I do however have an issue with being subject to a DEO. I''ve previously been in a position where I had no liability to pay maintenance (no income / not in receipt of benefits) and been subject to the statutory minimum (no income / in receipt of benefits). On my return to work, I wrote to the CSA and asked them to confirm my income calculations before I recommenced payments directly to my ex wife.

The CSA never responded and started calling me, never once having read the letter (sent in December 2012) and imposed a DEO in March 2013.

I need to get off the DEO, as the terms on my mortgage have expired. My current gross income net of DEO is insufficient to remortgage my property.

Is there a way of appealing a DEO? If so, what is the process and what grounds can I use?

OSB

My ex had a DEO placed on him due to him not paying etc... It lasted 3 months - he rang CSA promised he would pay me if they stopped the DEO and they did. He continued to mess about with payments I couldn''t do much about it as the CSA took him at his word! Bizarre I know. So maybe try ringing them see if they would just stop the DEO . Obviously I as the recipient wasn''t happy as I knew my ex would mess about once again - but he''s very believable! I don''t know if there is an official process maybe check on the website?

Do you know if the CSA received your letter - did you send it recorded delivery? Usually the CSA write to give NRPs the opportunity settle any arrears before using a DEO.

If the CSA/CMS hasn''t exercised it''s discretion properly when making a DEO you can complain. See;

www.gov.uk/complain-child-support-agency

In some cases it may be possible to apply for a judicial review to examine the validity of the process by which a decision was made but most people would really need the assistance of a lawyer to go down that route.

Thanks, as always Fiona!

I''ve got a Subject Access Request outstanding with the CSA at the moment, but knowing that they have 40 days to reply, and reading elsewhere that I have a month to appeal at a magistrates court following the DEO renewal application, I''m not hopeful of having the information that I need before the magistrate''s option is closed.

I''ll check the complaint route, as my stock answer whenever I received a call from them was that they read and reply to my letter and to only communicate in writing. They never replied, carried on calling and ultimately slapped me with a DEO for failing to give them what they wanted over the phone.

Hopefully there''s a chance that this will be viewed favourably as a complaint.

Cash to cover the arrears was sat in a segregated and named account, and the ex wife is "financially independant".

OSB

I believe a court appeal against a DEO must be made in 28 days or 56 day if the NRP lives abroad but it may be possible to apply out of time. My understanding is the scope to appeal is limited and appeals can only be made if a DEO is "defective," the payments to the NRP aren''t earnings or there is a "good reason" not to use a DEO.

A DEO is defective if it doesn''t include the correct information so an employer can''t comply. A good reason might be if the NRP''s employment status or family relationships was adversely affected but the impact of a third party knowing about a DEO isn''t considered other than with the disclosure of parentage of a child. That''s why I think you may need to lodge a complaint.

Getting hold of the Child Poverty Action Group''s Child Support Handbook might be worthwhile if you haven''t seen a copy. CAB may have it or you can buy one from the CPAG just make sure it is the 2013/2014 edition.

If you have no arrears and a history of compliance they will usually just remove a DEO if you write and ask them if you can pay by DD instead.

Thanks WY, I''ll give that a go.