Advice Please - CMA Letter received for an 18yr old

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Hello all, I'm new to the forum as you can see, but also to any forum for that matter, so please be gentle :)

I have just received a letter from the CMS explaining that the mother of child born in 1997 is claiming I am the Father. The letter goes onto to say that they have calculated an estimated per year payment based on info collected from the HMRC and that she wants to use the Diretct Payment method etc etc.

This is the first time I have received anything since at least 10 maybe even 17/18 years ago. I remember receiving a letter from the then CSA saying a claim was put forward as above, and i vaguely remember calling them and explaining i cannot confirm that I am the Father, i think they asked me during the phonetical if i would do a Paternity test, if they did then i would have agreed to do this to prove one way or the other. But then after that call i heard nothing.

Since then this is the first time I've heard something from anyone.

I have moved probably 5-6 times since then, 3-4 jobs, but all in the Uk and always working and paying income tax (i mention this as I guess this is the only way today's letter got to me).

So my questions are..

1) Why have i received this only now?
2) As i'm still unsure if i am the Father what should i do next? Contact the CMS and explain that I am unsure?
3) If its proven that I am what am i expected to pay, just for the time this letter received today as the start date for payment and onwards, i.e. no back payments?
4) When would these payments stop? 20 or if they leave education? (I'm guessing this bit as i understand it that at 18 it stops...so guessing he/she must still be in education....or is a back payment? it doesn't mention this at all on this letter btw)
5) My income and job has changed in the last 2 weeks, my income is now 1/2 of what i was earning (personal choice to improve my skills set). Where do i stand with this (the payment they ask for is almost half my income now, and in fact will not leave me with enough to pay my rent or bills, i live by myself and do not have any children, i am not claiming any benefits and I'm am a full time worker, not self employed).

Don't get me wrong, i am more than happy to pay for a child that I am responsible for bringing into this bright and beautiful world, but i just want to understand where i stand both with regards checking that I am and if so then also financially.

I hope this all makes sense, and that I've not missed anything vital out...please ask for more info if its needed.

Thank you in advance,

SL

Comments

  • HoneyNutLoop
    HoneyNutLoop Posts: 568 Forumite
    First Anniversary First Post Combo Breaker
    edited 17 April 2015 at 8:49AM
    Options
    1) She will have recently submitted an application to CMS, so they have sent you a letter to tell you this. The letter should say the start date of the case with CMS.
    2) Call them and dispute paternity. They'll ask you some questions, including if you're willing to take a DNA test, which you'll need to pay for in the first instance. They would refund the test cost to you if it proves you're not the father. If you're named on the birth certificate, were married to the mother at any point between conception or birth, or have been named as the child's father previously during certain types of court proceedings, they may decide not to offer DNA testing as they can legally assume you are the father. See this info page: https://www.gov.uk/child-maintenance/disagreements-about-parentage and this booklet: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/325192/if-someone-denies-parentage.pdf
    3) The CMS case starts from the date noted on the letter. However, if you owe arrears from the old CSA case, you will have to pay them too.
    4) Maintenance is payable until the 20th birthday if the child remains in full-time, non-advanced education. The rules for maintenance mirror the rules for child benefit. After a child's 16th birthday, if they leave full-time, non-advanced education, maintenance will stop from the next child benefit end date, unless they leave education to start full-time work, in which case it maintenance ends from the same date they started working. If they are working and in full-time, non-advanced education, maintenance remains payable. See this info page about child benefit: https://www.gov.uk/child-benefit-16-19
    5) Call CMS and tell them. They only review income between annual reviews if the change is not of a temporary nature and has altered by more than 25% compared to the income supplied by HMRC. They will ask to see evidence of your new income. If you don't provide it, they'll proceed using the figure provided by HMRC. Next year, on the anniversary of the case opening, they will contact HMRC again for your most up to date income figure, and complete your annual review.
    I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.
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