How a deduction from earnings order works
A DEO takes child maintenance payments from a paying parent’s earnings or pension. These deductions are sent to the CMS.
A copy of the DEO must be ‘served’ on the employer and the non-resident parent.1s31(6) CSA 1991 The employer must comply with it within seven days of receiving it, and can be fined up to £1,000 for providing false or misleading information, or deliberately withholding information from the CMS.2ss14A and 31(7) CSA 1991; CMS, Make Child Maintenance Deductions from an Employee’s Pay, Employers can manage DEOs online.3 If the client is self-employed or retired, money can be taken from their bank accounts.4s32A CSA 1991 This is called a ‘deduction order’. The deductions can either be regular or be made as a lump-sum payment.5Reg 25A CS(C&E) Regs The CMS can also take money from business, partnership or joint accounts.6Part 3A CS(C&E) Regs If the CMS cannot recover the arrears from the client’s pay or bank account, they can ask the court for a ’liability order’. This allows the CMS to ask:
•sheriff officers to attach goods and sell them;
•for a court order to force the sale of the client’s home.
If that still does not clear the arrears, the CMS can ask a court to consider:7Part IV CS(C&E) Regs •taking away the client’s driving licence or passport;
•sending the client to prison.