CSA payments for alleged daughter - what can we do?

Marli

Hi, I am hoping someone can tell me what we can do please.

My husband moved from London to Edinburgh to live with me 3 years ago. Two months ago he got a letter from the CSA demanding thousands in maintenance for his daughter. It was the first he'd heard of any daughter so he rang them straight away.

The man on the phone was exceptionally rude and told my husband if he hadn't ignored all the letters they'd sent 2 years ago then he wouldn't be in this mess. My husband told him he'd had no letters and the man told him that he'd have been able to retire years ago if he'd hap 50p everytime someone said that. My husband asked which address the letters had been sent to and they refused to tell him due to data protection.

As the girls DOB (she's 8) was on the letter my husband was able to tell them that he was in America for 3 years up to just a month after the girl was born. He did not return to the UK at anytime and therefore couldn't be her father. The man actually laughed at him.

They've now admitted that the letters were sent to his London address, but have said they've taken him ignoring the letters as acceptance of paternity. We've sent them proof of the fact his mail redirection had finished by then and copies of paychecks showing he was working in the USA at the time the child would have been concieved. He has also offered to take a DNA test, but has been told the child's mother must agree to this and according to the CSA she won't.

We've also sent medical information to them showing that my husband cannot have children, but they just keep saying that ignoring their letters is seen as an acceptance of paternity.

Please tell me there is something we can do? My husband suffers from depression and not being able to have children has been a massive thing for us and this is breaking him.

Surely we do not have to pay for a child that isn't his because they say he ignored letters when they've admitted he had already moved to Scotland by then?

Marli

LizzieS_2

Marli wrote: »

As the girls DOB (she's 8) was on the letter my husband was able to tell them that he was in America for 3 years up to just a month after the girl was born. He did not return to the UK at anytime and therefore couldn't be her father. The man actually laughed at him.

I can see you are making a serious point above, but I can also see why the laugh occurred. The csa no doubt (like insurance claims) hear lots of explanations, and although you know it is truthful, you have probably missed why it looked a joke - the csa have no knowledge of where children are conceived and obviously there is no indication as to which country the childs mother was in at the time.

Back to the serious issue, have you any evidence that your husband was infertile at the time of the conception? It will not get you a long way, but at least it is a starting point.

He does not have to pay just because of the assumed parentage rules. Firstly, he needs to involve his MP to show that the first contact was to the current address (you can get a copy of his data protection files proving this, but it will take time). If you can get the csa to then go back to the paternity options, he will be able to pay the fee and have the test (refunded when proven innocent so to speak). The mothers objections to testing are irrelevant to some extent here, as her case can only progress with her co-operating.

If all else fails, he can force this issue through the courts privately, as long as he uses a csa recognised dna testing centre.

Marli

LizzieS wrote: »

I can see you are making a serious point above, but I can also see why the laugh occurred. The csa no doubt (like insurance claims) hear lots of explanations, and although you know it is truthful, you have probably missed why it looked a joke - the csa have no knowledge of where children are conceived and obviously there is no indication as to which country the childs mother was in at the time.

Back to the serious issue, have you any evidence that your husband was infertile at the time of the conception? It will not get you a long way, but at least it is a starting point.

He does not have to pay just because of the assumed parentage rules. Firstly, he needs to involve his MP to show that the first contact was to the current address (you can get a copy of his data protection files proving this, but it will take time). If you can get the csa to then go back to the paternity options, he will be able to pay the fee and have the test (refunded when proven innocent so to speak). The mothers objections to testing are irrelevant to some extent here, as her case can only progress with her co-operating.

If all else fails, he can force this issue through the courts privately, as long as he uses a csa recognised dna testing centre.

He has sent the CSA copies of his letters from his Dr's at the time and test results showing his inability. He also sent them one in which we were told sperm donation was our only chance of having a child. We were told by a snooty woman on the phone that miracle babies happen.

Our MP has been next to useless. We wrote to him with all the details (luckily my best friend had experience of the CSA and advised us to log everything so we have done since the very first call), but he hasn't even responded yet. We've had a letter stating he's a busy man and will get to us when he can (well not in those exact words, but that is what it meant).

I realise why they may have seen it as a "Oh wait until you hear this excuse", but to laugh at someone over the telephone is highly unprofessional in my opinion. The rudeness of their staff is shocking. I know they must get the runaround from some people, but surely they must also realise that mistakes happen (which I'm assuming in this case as my husband has a v.v.v common name in this country).

LizzieS_2

The miracle babies is true as I do know some, which is why I said it wouldn't get you a long way. No comfort I realise, sometimes you just get the right person and sometimes you get the sceptic - hadn't realised you had already been down that route.

MP's work for their constituents - that is their purpose. Keep on at him/her.

Laughing is totally unprofessional and a disciplanary issue for the staff member involved. I know the csa record calls but I do not know how long they are retained for. If you want to take it further, insist on a copy of that call (I think you will have to give a date and time of call).

marksoton

The CSA only have to prove that they have sent letters to a " confident " address, which in this case they have. The evidence you have thus far provided is not acceptable by CSA standards. They have now assumed parentage which by the sounds of it they are allowed to do under the scenario you have given.

I suggest you contact NACSA as this is a far from common case. The fact the CSA staff have been rude is not right but should not at the moment be your focus. It could well be that you have to go to court and insist on a DNA test being taken to dispute parentage. They have the power to insist that all parties involved comply.

It pains me to say it but the only way to resolve this is to play by their rules.

Try and put the bad treatment you have received so far to the back of your minds and get the main issue sorted. If he truly is not the childs father then save any complaints for after.

Good luck to you both.

Marli

marksoton wrote: »

The CSA only have to prove that they have sent letters to a " confident " address, which in this case they have. The evidence you have thus far provided is not acceptable by CSA standards. They have now assumed parentage which by the sounds of it they are allowed to do under the scenario you have given.
.

How can they call this a confident address when we can prove that he moved a year previously? What else do we have to provide to show he did not live there? We've sent our lease (dated), our council tax bill from Scotland and the mail redirection letter. We also gave them the name of the person who moved into his flat so they could check council tax/voters roll and see that he was no longer there.


Thank you both for your replies. We'll get back onto our MP and will contact NACSA. Thanks Marli

Poppy9

Does he know the mother of the child?

marksoton

Marli wrote: »

How can they call this a confident address when we can prove that he moved a year previously? What else do we have to provide to show he did not live there? We've sent our lease (dated), our council tax bill from Scotland and the mail redirection letter. We also gave them the name of the person who moved into his flat so they could check council tax/voters roll and see that he was no longer there.


Thank you both for your replies. We'll get back onto our MP and will contact NACSA. Thanks Marli

A confident address relates to the information the CSA had at the time,not the information you now provide retrospectively. There could well be a breach of protocol here but you are better off focusing on the paternity issue in my opinion. Arguing with the CSA rarely bears fruit.

At the end of the day arguing where paperwork was sent is not what is at stake here. Finding out who the child's father is is.

kelloggs36

I would disagree there. If the evidence proves that AT THE TIME the NRP didn't live at the address, then the address was not confident and cannot be deemed to be such. Have you formally appealed against the decision?

marksoton

kelloggs36 wrote: »

I would disagree there. If the evidence proves that AT THE TIME the NRP didn't live at the address, then the address was not confident and cannot be deemed to be such. Have you formally appealed against the decision?

True. The point i was trying to make was even if the CSA finally accept that the only way this case can be fully resolved ( for the NRP ) is by verifying paternity by way of a DNA test.

I can't see the CSA accepting that he was not living there at the time and fully closing the case. It might absolve him of the arrears but not of them assuming he is the father !

clairec79

But the man does want the DNA test it's the mother refusing it - surely her refusing means that the CSA should consider there is a doubt there (after all if the man refused they'd see that as him having a reason to refuse - ie there is a chance the child is his, if she refuses can't it work in reverse, that there is a chance the girl is someone elses)