CSA Question

kelloggs36

It is too late to get a DNA test done now via the CSA. They would look at it that he was fully aware of their involvement and he was expecting to be sent the forms, and therefore the responsibility lies with him to notify them of any change of address. The CSA cannot be blamed not just allow people to go AWOL - otherwise everybody would do it wouldn't they? As he went AWOL from the army he obviously went AWOL from the system and the system has now caught up with him.

If he disputes parentage now, he will have to do it via an approved method accepted by the CSA - but not through the CSA. He would have to get permission from the PWC and if she disagrees, then he would have to apply to the courts for them to compel her to comply. If she refuses, then at that time (and not before) the courts can make a declaration of non-parentage. If she refuses and he doesn't go to court then as it is not via the CSA they will not take it into consideration.

JOHNSTONE1

I found out where she lived etc form the information on the csa form they sent him. Everyone has access to birth records in the uk and there is only one person of her name that had a child of that name on that date. You can see where the child was registered and from that area i searched her name on electrol roll records. I should be a detective shouldnt i.

So basically he has no option now but to pay for this child whether he his or not. That cant be fair how can they deduct money from your wages for a child that hasnt been provent to be yours. Why would she refuse to let him have a DNA test if shes so sure hes the father. The more i hear about this the more ridiculous hes completly happy to pay if this child is his but i dont see why anyone would expect him to pay for a child when he cant even remember his mother and no one will let him have a DNA.

Butterfly_Kisses

From what I'm reading he can still take a DNA test but CSA will not pay for it, he will have to foot the bill.

If I was in your situation I'd convince him to somehow find the funds and have one done asap.

Good luck and I hope you manage to get it all worked out.

frugallass

JOHNSTONE1 wrote: »

I found out where she lived etc form the information on the csa form they sent him.

if you don't mind me asking, what information was on the form?

JOHNSTONE1

Thanks butterfly kisses i hope it all works out too, i dont need to convince him to get a DNA test he's more than happy to the thing is at the moment the CSA dont know where he is, he has no fixed address ands no job he's happy to phone them up and sort this out but if what other people on here are saying is true and he cant have DNA test anymore then he doesnt want to (and i dont really see why he should either) pay for a child for the next 10 years which chances are isnt even anything to do with him. If they allow him a test and it turns out he is he will happily pay once he gets a job.

Do you get arrears when you are not working or does it stop until you are back in work again? From august last year to now he hasnt worked or been on any benefits.

The information on the csa form was thier full names and dates of birth.

LizzieS_2

The sooner he sorts this out the better it will be for him.

He had the opportunity to take the DNA test earlier and chose not to, so the csa do have the legal right to assume paternity.

As he is now unemployed, he would be entitled to a re-assessment, but it is down to him to request it - a reduction cannot be backdated.

kelloggs36

JOHNSTONE1 wrote: »

Thanks butterfly kisses i hope it all works out too, i dont need to convince him to get a DNA test he's more than happy to the thing is at the moment the CSA dont know where he is, he has no fixed address ands no job he's happy to phone them up and sort this out but if what other people on here are saying is true and he cant have DNA test anymore then he doesnt want to (and i dont really see why he should either) pay for a child for the next 10 years which chances are isnt even anything to do with him. If they allow him a test and it turns out he is he will happily pay once he gets a job. Sorry but that isn't how it works! He was given the chance to sort it out years ago and chose not to, so as Lizzie said it is down to him to sort out ASAP. Whether he wants to pay is totally irrelevant, as the CSA have legally made an assumption of parentage, his wishes are not taken into consideration and he has no choice BUT to pay. HOwever, if he can pursuade the PWC to take a DNA test privately (with an approved tester) and she agrees and he is found not to be the father, then it will end. As it stands at the moment, he has zero chance of the CSA not pursuing him for arrears. If she won't agree, he will have to privately take the matter to court and so he will have to either foot the bill for that also, or apply for legal aid (which I have no idea whether he will get - he should seek legal advice). See my previous post for the possible outcomes of this action.

Do you get arrears when you are not working or does it stop until you are back in work again? From august last year to now he hasnt worked or been on any benefits.

The information on the csa form was thier full names and dates of birth.

You get arrears unless you tell them that you are no longer working at the time and they do a re-assessment. If he does not do this then they will continue to charge him at the previous rate, and as Lizzie said, they won't backdate the change unless he can prove he notified them of the change at the time!

iluvfreebies

The key is he needs to contact the child support agency who will look at the case. if his circumstances have changed he needs to advise them otherwise they will not be aware of them - if he doesnt have a permanent address he can use a care off address.

JOHNSTONE1

Ok everyone, i have an update. He phoned her up and asked about where they met etc, she said she had met him on a trip while he was in training for the army which is quite possible and although he still sdoesnt remember anything about her he does remember the trip to this place and has therefore agreed that she's most probably telling the truth. Its not 100% certain though considering the circumstance i dont see the point in paying out for a test.:(
Apparently she was pretty reasonable said she hadnt wanted to put a claim in but was told she had to in order to go on benefits and get a flat. H easked her if she would cancel her claim and arracnge something privately and she agreed. He offered her £200 a month until the child leaves school by standing order regardless of whether he is out of work or not ( we will ahve to scrape it together i guess) She was happy with this and said she would cancel the claim with CSA. Are we safe doing this he is going to set up a standing order into her bank account so we will have proof we have paid. Obviously we wont start paying privately until we are sure she has cancelled with the CSA.

Will they let her do this if she wants to?

Is there anything stopping her accepting out prive payments then starting with a new claim from the CSA again? If we have proof of payments will he be ok?

Thanks everyone for all your help and advice not really the outcome we wanted but at least we know a bit more about the situation now. xxx

Nicifer_noonoo

JOHNSTONE1 wrote: »

I know, but if it comes back positve, not only will we have to pay for the test he will also be paying her god knows what each month, he's not even earning at the moment!

I was interseted to know whether people think that its right to claim CSA for a child that the supposed parent didnt even know existed for 7 years, knows nothing about and will never get to know.

And so he should have to pay. It takes two to make a baby, and perhaps this will remind him that 'brief encounters' often have very serious consequences!

And yes, I do think it's right to claim for a child even if the father has never met them. My partner abandoned me the day he found out I was pregnant and has refused to acknowledge my baby son's existance. That will not stop me from getting him to financially support the child that he helped to create, and it shouldn't stop this lady either.