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Legal matters

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AIBU to ask about deduction of earnings order?

7 replies

SoundsLegit · 28/06/2015 18:26

In short, I'm wondering what people's experiences are with child maintenance being taken by a deduction of earnings order from wages?

When CMS told you this was going to happen, how long until you actually received payment?

When does the NRP receive notification of the DEO, because online it seems people haven't been notified and just receive far lower wages than expected. Is that common?

Are payments fairly regular once the DEO is in place?

Any experiences appreciated! Thanks!

OP posts:
TryingToBeMe · 28/06/2015 20:44

Try in legal.

SoundsLegit · 29/06/2015 18:57

Have requested. Thank you.

OP posts:
Lealou79 · 20/07/2018 22:05

Advice needed ASAP please.
H left in Jan 18 and requested for divorce. After months of bullying tactics to remove me from the marital home he finally filed for divorce in May 18. Based on unreasonable behaviour on my behalf. The tedious reasons are beyond a joke.

We have been together for 12 years and married 9. We have 2 DD and I have a DD to a previous relationship. I have been the homemaker after a joint decision that we had not other option as we couldn’t afford childcare to support me in work along with his unsociable shift work. Working eventually self employed I have paid for holidays and renovations of our home including full new bathroom etc. The mortgage is in his name. I have since found out I’m not even on the land registry.

So, I requested that seen as though he wanted a divorce and our decision as a married couple has left me with no name on mortgage, no career or job etc I was requesting 18mth to stay in the marital home until our dd3 who is three goes to full time school and also gives me time to find a stable income and apply for a mortgage of my own. He has agreed to this as I pay the bills why I and our children currently live in the house BUT he is still pushing for the divorce. My concern is that as soon as he gets the divorce he will force me out as I will have no marital rights on the home then. He has gone against his word in many occasions so I’m not doubting that this wouldn’t happen! How do I secure my place in our home until I can afford a mortgage and time to set up a stable job etc to know me and children are safe and secure?
Also note that he is now using bullying tactics saying I will be liable for the cost of the divorce now as I haven’t sent the petition back in the requested time. I haven’t done this due his contradictory behaviour with me last couple of months being intimate and courtship (yes I know I was stupid and naive) I have sent an email to his solicitor to inform them of the reasons why I haven’t. Not yet had reply. I no longer have a solicitor as I cannot afford one.

Please help. I am beside myself. I don’t see why, after giving my life to build a home for our family as a homemaker, I should be left with nothing if he wants a divorce. I don’t have a career pension or mortgage/home so to speak because my life has been my family for last decade!! :-(

Lonecatwithkitten · 21/07/2018 07:11

You really need a solicitor to guide you through this.
I don't know a lot only through my own experience that was if we could prove Ex had been served the divorce papers we could continue without him returning them. So just not returning them will make no difference as by emailing you have acknowledged service.
The house gets sorted out in the financial bit and that is where you are really going to need a solicitor to advise and support you as the fact you gave up work etc. comes into the split.

Lealou79 · 21/07/2018 12:43

Thank you. Yes I’ve been informed that if I acknowledge it then they can proceed. The point being that the reason I’ve not proceeded is that we started the have moments of courtship and intimate relations so I didn’t dream that the petition would continue. Then out of the blue he pulls this out the bag.
I can’t afford a solicitor so it looks like he is going to wipe the floor and leave me with nothing. The life I’ve built for us and our children, for over a decade. I’m devastated. The emotional abuse has ruined me.

rosablue · 22/07/2018 10:06

Lealou you might do better if you start your own thread...

But if you are married to your dh then from what I have read on here you have a share of the house even if you are not on the deeds. If you get divorced ask for the house to live in. Or for 75 percent of his assets. If you have the dc then you should end up with more than half the assets- think of the dc as needing a share of assets to enable you to look aftert hem as well as you and your ex needing a share to look after yourselves too.

MissedTheBoatAgain · 24/07/2018 02:59

To OP

Better for both paying and receiving parents to avoid using the CMS Collect and Pay System as it will cost them both. Paying parent will be charged 20% and receiving parents pays 4%. However, if paying parent is dragging their feet or not paying at all maybe no other way.

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