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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have received a deduction of earnings order from the Child

Customer Question

I have received a deduction of earnings order from the Child Maintenance Service. However they won't tell me how the debt is comprised and I believe part of it may be due from 1999 when the debt became statute barred in 2005 (under the old rules before they were amended on 12 July 2006 doing away with the Statute of Limitations rights). I have 28 days to appeal to the Magistrates Court but cannot find what forms I need to submit or how to appeal. Can anyone advise on the procedure? Thank You
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Have the Courts made an Administrative Liability Order?
When were you first assessed for Child Maintenance and how did the arrears arise?
Clare
Customer: replied 2 years ago.

Dear Clare,

Initially back in 1999 when they wanted £547 p/m of which they would have given my ex £40 of it. So I gave up work and managed to give her £200 p/m (black economy!!). The debt was approx £2,900 at that time and it became statute barred in 2005 under the old rules as they did not get a liability order against me. As you know the rules changed on 12 July 2006 when the Statute of Limitations was removed. However any arrears before 12 July 2000 fell within the old rules. So they have added them in.

Coming up to date my daughter turned 18 on 30 August 2014 and they then became involved again when my ex-wife claimed that she was in full time education. I disputed this and even though I had a letter from the Child Maintenance Service around the end Sept/Oct 2014 stating that they had spoken to my ex-wife, who informed them that my daughter was not in full-time education but was thinking of going back to college. Therefore there could be no arrears owed because she had turned 18 and was not in full time education.

However they have ignored this fact and refuse to provide evidence that my daughter is in college (I have no contact with her at all) . I have always said that once I have the evidence that she is in college I would pay. BUT because they have not provided any evidence I have not paid.

They have therefore claimed that I am refusing to pay and are claiming the Statute barred arrears for 1999 and for money from August 2014 to date. They immediately issued a DEO straight to my work. They have not obtained any Court Orders at all.

I hope this extra info helps

Kind Regards

Bill

Expert:  Clare replied 2 years ago.
Hi
I do have to tell you that you have misunderstood the law - they can enforce arrears pre 2000 ONLY if an Administrative Liability Order is granted - (when that legislation comes in) but it WILL be enforceable
You can read more here
http://www.nacsa.co.uk/index.php/liability-orders
They are also an organisation that may be able to assist you
However in terms of appealing the Deduction Order the form you need is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n161-eng.pdf
The process is described in Section 9(3) here
https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_30a#para9.3
I hope that this is of assistance - please ask if you need further details
Clare
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Dear Clare,

I know about the requirement to have obtained a liability order. However they did NOT obtain an order during the 6 year period between 1999 to 2005.

Kind Regards

Bill

Expert:  Clare replied 2 years ago.
Hi
Unfortunately that does not mean that they cannot do so now.
Clare