claiming money back from CSA ?...advice please..

Hi, after a bit of advice please,
16 years ago the girl I was living with fell pregnant, so I did the decent thing and married her. 18 months later we were divorceed, and I lost the houses and everything in it.

Plus I had the CSA after me for maintence for the child. The thought didn’t cross my mind that the child might not be mine, so I agreed to the payments which was £25 month direct to the CSA for back payments and £350 month direct to the mother (this was not my choice but directed to do so by CSA.
Over the years as the child grew up I began to have my doubts about where he was mine or not.
As my new wife was due to have a baby last year, I talked to her about my doubts and we decided to do a DNA test. This was done and the results came back as NEGATIVE. (not my son).
This was rather upsetting, but when I confronted my Ex wife she admitted that she was sleeping with someone else at the time. So I stopped all payments!
I’ve contacted the CSA and sent the DNA result in, but they have told me that I need to get the tests done by a company reconised by them. This could prove difficult as I'm no longer talking with my ex wife.?. what can I do?…..
I have seen many articles and reports on claiming money back? The CSA was a bit woollie over this? They have said that I will probably get back the £25 pounds a month as this was paid directly to the, but didn’t think I would get the 350 a month back?….I questioned this as it was them that told me to pay her directly..?…..Where do I stand on this?….
Also will I get the money back dated to the date I made my first payment?….or will it be from when I notified them?…
Can i make a claim againist her?…..
many thanks if you can help!
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Comments

  • It may be that because you paid her directly you may need to take her to court for the money back.......evil woman:mad:
    The poor boy must be devastated:(
    :rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:
  • chriszzz
    chriszzz Posts: 879 Forumite
    Hi Bagsy,
    I couldn't read and run,Oh my! what a sad situation, I am sorry that you have only just found out you are not the father, this must of come as a shock?

    I really don't know how these things sort themselves out and i suppose if you want to prove it to the csa then i suggest you will have to go to a company recognised with them, am sure your ex will have to do a dna test because it has now been questioned.

    I don't have legal advice to offer but I think it may be best that you see a solicitor, this is an awful place for a nrp to find themselves in, believing that they have a child, contributing to the child, only to find years later that it is not their child.

    I do hope you can resolve your difference, I really feel sorry for the child as this child has also been deceived, how is this child going to react to the knowledge that your not the father, Its going to be quite tough on him because he will think he has lost his dad.
  • borders_dude
    borders_dude Posts: 1,974 Forumite
    According to the CSA website:

    We do not have to pay back any child maintenance they paid for that child before they denied that they are the parent

    So I doubt you would get all the money back from the CSA that you paid before you denied you were the childs parent.
    When dealing with the CSA its important to note that it is commonly accepted as unfit for purpose, and by default this also means the staff are unfit for purpose.
  • bagsy wrote: »
    I’ve contacted the CSA and sent the DNA result in, but they have told me that I need to get the tests done by a company reconised by them!

    The law does not enable the CSA to dictate what company does the DNA test.

    If the practitioner who did your test is medically qualified then contact the parliamentary Ombudsman. While you are at it, ask the Ombudsman to claim your money back and interest at the prescribed 8% per year.
  • shell_542
    shell_542 Posts: 1,333 Forumite
    Orson_Cart wrote: »
    The law does not enable the CSA to dictate what company does the DNA test.

    If the practitioner who did your test is medically qualified then contact the parliamentary Ombudsman. While you are at it, ask the Ombudsman to claim your money back and interest at the prescribed 8% per year.

    I know some DNA tests do not hold up in court. Peace of mind tests, for example. If you have had one of those OP you may find you'll have to take another test done through a company like Cellmark ... who the CSA use. (Did you use them?)

    I would be seeking legal advice.

    Sorry you have found yourself in this situation and the poor boy :(
    August GC 10th - 10th : £200 / £70.61
    NSD : 2/8
  • monicaj
    monicaj Posts: 216 Forumite
    According to the CSA website:



    So I doubt you would get all the money back from the CSA that you paid before you denied you were the childs parent.

    This is NOT correct - OP please read my thread http://forums.moneysavingexpert.com/showthread.html?t=1499263&highlight=negative+paternity+test. My husband is in the process of receiving £30k paid via the CSA in light of a negative paternity test for his 10 year old "son". With regard to the additional £6k he paid directly to the mother, this is a different story - he has decided not to persue her as we believe they have recently had their home repossessed, however the CSA will make an attempt (albeit not aggressive for the welfare of the child) to recover a large proportion of the £30k from her.

    I'm guessing from your thread that your son (now 15?) is aware of the test being done - my heart goes out to you all.

    I hope this helps.

    Monica
  • borders_dude
    borders_dude Posts: 1,974 Forumite
    edited 20 October 2009 at 6:57PM
    According to the CSA website:
    We do not have to pay back any child maintenance they paid for that child before they denied that they are the parent



    So I doubt you would get all the money back from the CSA that you paid before you denied you were the childs parent.


    monicaj wrote: »
    This is NOT correct - OP please read my thread http://forums.moneysavingexpert.com/showthread.html?t=1499263&highlight=negative+paternity+test. My husband is in the process of receiving £30k paid via the CSA in light of a negative paternity test for his 10 year old "son". With regard to the additional £6k he paid directly to the mother, this is a different story - he has decided not to persue her as we believe they have recently had their home repossessed, however the CSA will make an attempt (albeit not aggressive for the welfare of the child) to recover a large proportion of the £30k from her.

    I'm guessing from your thread that your son (now 15?) is aware of the test being done - my heart goes out to you all.

    I hope this helps.

    Monica

    What are you saying is not correct?

    1) My direct quote from the CSA website? I can provide a direct link to it.

    2) My opinion? Opinions arnt correct or incorrect. I said I doubted he would get all the money back. I didnt say he wouldnt or indeed that he would not be entitled to it back nor that he cant get it back.

    Please clarify.
    When dealing with the CSA its important to note that it is commonly accepted as unfit for purpose, and by default this also means the staff are unfit for purpose.
  • monicaj
    monicaj Posts: 216 Forumite
    I hope you found my post useful .............
  • Sensemaya
    Sensemaya Posts: 1,739
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    Bagsy

    Phone up Stephen Lawson.

    http://www.fdrlaw.co.uk/Family-Maintenance.asp
  • Steve40_2
    Steve40_2 Posts: 125 Forumite
    This is a terrible situation to be in i would contact NACSA as they seem to be the people with direct links to the CSA it might be worth going along to one of your local MP's surgery also.

    It makes you wonder how many other NRP's are in this position. PWC's should be made to prove NRP's are legitimate before any action is taken. innocent until provent guilty and not the other way round
    I only speak of my own experiences. and research that i have carried out whilst dealing with my own case with the child support agency
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