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

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Comments

  • plimsoll
    plimsoll Posts: 153 Forumite
    Steve40 wrote: »
    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 disagree - not every woman cheats! It would create a lot of unnecessary hassle & expense & delay for many families if every father & every child had to have DNA tests. Yes, it is awful for those this does happen to but think how many cases do proceed either because they're allowed to assume paternity or because the "father" believes he is the father. I would have seriously resented being asked to "prove" that I hadn't cheated on my husband - particularly since he DID cheat on me!
  • Steve40 wrote: »
    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 hope kellogs comes on and reads this point. She will know the score with this one.

    Im pretty sure that when a NRP is first contacted by the CSA they are asked if they accept paternity. If they claim it is their child then I dont think there should be any need for the PWC to prove this is the case.
    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.
  • Sensemaya
    Sensemaya Posts: 1,739 Forumite
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    Steve40 wrote: »
    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

    Ex member of NACSA speaking here - as is MrGG. Or perhaps he still is.

    Denying paternity is a classic NRP get out to delay paying maintenance.As I was a married woman when I conceived - it was planned - I had a miscarriage before then - I am b***** well annoyed Steve40 has the audacity to state NRPs are innocent before being proved guilty.

    HOW DARE YOU COME ON THIS FORUM AND SAY THIS.

    YES I WENT THROUGH THE INDIGNITY OF BEING ASKED VERY PERSONAL QUESTIONS BY THE CSA TO PROVE THE NRP WAS THE FATHER AND WENT THROUGH THE DNA TEST.

    In my experience the csa bend over backwards to take the NRPs side and the PWC has to prove everything.

    The answer is this: Once a child is born, whether in hospital or at home, for whatever reason, let BOTH loving parents be subject to a DNA test for future reference on the off chance that the family will split up in the end and then there won't be any silly, stupid arguments on forums re: parentage.

    How would that feel when your wife/ lover/ partner has just given birth to a beautiful child you both wanted?

    If it's a one night stand, as most NRPs claim and it's the PWCs fault, tough.Then we go through the trauma and indignity and expense of going through the DNA test as it stands now. If the CSA can find the father....

    Does that now make you feel better?
  • Sensemaya wrote: »
    n my experience the csa bend over backwards to take the NRPs side and the PWC has to prove everything.


    I think a lot of NRPs would disagree with you!
    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.
  • LizzieS_2
    LizzieS_2 Posts: 2,948 Forumite
    Steve40 wrote: »
    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

    Double edged sword there - you are saying a pwc can never be trusted to name the correct father (sorry but I like thousands more can and did).

    Not sure what happened with the legislation, but there was an intention to force all fathers names onto birth certificates - realistically that is the real time to question paternity. Of course there are those who split up before birth - they are more likely to query paternity anyway for numerous reasons.
  • Sensemaya
    Sensemaya Posts: 1,739 Forumite
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    I think a lot of NRPs would disagree with you!

    It depends whether the NRP is denying paternity because of delaying tactics.

    But you would say that!
  • borders_dude
    borders_dude Posts: 1,974 Forumite
    Sensemaya wrote: »

    But you would say that!

    I would say it? I have said it and I shall say it again. I think a lot of NRPs would disagree with you.

    NRPs dont always get an easy time with the CSA you know. There are thousands of horror stories.

    I must admit that I was a bit sceptical about alot of them until I (a NRP) started going through them to make my payments got to to see how they screw up so badly for the NRP even though in my case I was fully compliant etc etc
    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.
  • shell_542
    shell_542 Posts: 1,333 Forumite
    Its very similar isn't it? These NRPs who try to get out of paying full stop give all NRPs a bad name and everyone suspicious of them ... and these woman who sleep around and end up not knowing themselves who their child's father is, end up giving women a bad name.

    So just like a woman who knows she has been faithful would resent being made to take a DNA test to prove parentage, a compliant NRP resents being forced to go through the CSA because they are assumed to be trying to get out of supporting their child.
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  • karenx
    karenx Posts: 4,988 Forumite
    I had to do a dna test with my son, it was with cellnet, it was awful thinking that my ex believed that I cheated on him. He went for about 6 months saying to csa he didnt want to pay, then once they went to his employer he quit so he didnt have to pay through a deo and then said he wasnt the dad anyway. If he believed that why did he not say when was first contacted. I do believe it was to buy him some more time as he knew the dna test would take a while. Luckily it was all done within the space of a month, few weeks later a letter came through my door saying he is 99.999999999% the father. But still 5 and a half years later still no money from him.......
    In a way it could be a good idea to do dna tests from the start so the father cant later come back and say he believes he isnt the father.
    But then again the csa do like to make things awkward for pwc and nrp's :rolleyes:


    I feel so sorry for the boy :( Cant imagine what he will be going through. Or infact what he now says to his mum, as he doesnt know who his real dad is :( Equally sad for the nrp after thinking for 16 years he had a son. I hope you manage to get through this ok with the help from your friends and family xx
  • chriszzz
    chriszzz Posts: 879 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.
    He did not deny being the childs father, he found out years later that he never fathered a child to his ex but was paying csa cos he was lead to believe the child was his.

    Im pretty sure that when a NRP is first contacted by the CSA they are asked if they accept paternity. If they claim it is their child then I dont think there should be any need for the PWC to prove this is the case. Of course he is going to accept paternity because he thought the child was his. I think the pwc in this case should have to prove it, she has lead two people to believe they had a connection, she wont even get a slap on the wrist for the deceipt.

    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.
    As a pwc would be entitled for maintenance, he should be entitled to have his money back and all of it at that.
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