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Negative Paternity Test

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  • marksoton
    marksoton Posts: 17,516 Forumite
    whitewing wrote: »

    I think that you are going to have to work on the assumption that now the child is a living being (rather than a bump) that his mum will ultimately do what is best for him.

    In these cases this is the worst thing one could possibly assume. They have commited one of the worst betrayals possible. :confused:
  • Loopy_Girl
    Loopy_Girl Posts: 4,444 Forumite
    monicaj wrote: »
    Anyone know what happens in this scenario - can she get some financial assistance/benefit - my husband has paid for the test independantly of the CSA and for his own swabs to be taken, just a thought would the CSA be able to help her?

    The CSA won't help as, as far as they are concerned, the father is named.

    She won't get any help for a DNA test from anywhere. Either your husband will need to fork out and pay her part of the test as well or it looks like the whole thing could be abandonded.
  • whitewing
    whitewing Posts: 11,852 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    You need to 'disallow' the possibility of DH paying for the test (a number of times) and ex not turning up.

    See if the Citizen's Advice Bureau can give you some free advice on what to do next.
    :heartsmil When you find people who not only tolerate your quirks but celebrate them with glad cries of "Me too!" be sure to cherish them. Because these weirdos are your true family.
  • marksoton
    marksoton Posts: 17,516 Forumite
    Loopy_Girl wrote: »
    The CSA won't help as, as far as they are concerned, the father is named.

    She won't get any help for a DNA test from anywhere. Either your husband will need to fork out and pay her part of the test as well or it looks like the whole thing could be abandonded.

    Or to court, where she will be forced to comply.
  • Gangaman, thanks for your kind words. It is only hope that keeps me going these days that one day his mother will see sense, but I'm not holding my breath.

    Monica,

    My ex's solicitor suggested I arrange for private DNA tests before going to court. I however believed that there would be nothing to make her comply with the voluntary tests.

    So I went straight to the court and filed for a section 20 appeal under the child support act 1991for an incorrect assessment of maintenance, for the grand sum of £130. I then waited and within 3 weeks had a confirmed court date of two weeks later.

    At the court only the CSA were present as the proceedings are against the csa. The CSA court presenting officer then agreed to ask the magistrates for court directed DNA testa for all to particitpate in and a time limit of 12 weeks set. The DNA test cost £218 as the CSA get a bulk discount off Cellmark.

    The twelve weeks are up in 2 days and I had my tests 2 months ago. Still waiting for the mother to go, so I suspect everythign will get adjourned as the CSA do like to give the PWC the benefit of the doubt at least 50 times or more.
  • monicaj
    monicaj Posts: 216 Forumite
    Thanks for your advice all

    In view that she agreed to this DNA test, I guess the best option is that OH pays for her doctor's appointment and I think the safest way is to make a cheque payable to the Dr's Surgery. It seems the best option at the moment to get this resolved and to avoid more solicitor/court costs. Who knows though, we may well end up having to apply to the courts in due course.
  • Loopy_Girl
    Loopy_Girl Posts: 4,444 Forumite
    marksoton wrote: »
    Or to court, where she will be forced to comply.

    In this case there needs to be a quick resolution and going through the courts isn't it.
  • marksoton
    marksoton Posts: 17,516 Forumite
    Loopy_Girl wrote: »
    In this case there needs to be a quick resolution and going through the courts isn't it.

    I know that madame but there may be no other choice. :D
  • Loopy_Girl
    Loopy_Girl Posts: 4,444 Forumite
    marksoton wrote: »
    I know that madame but there may be no other choice. :D


    Well there is isn't there - kind sir - as the hubby is going to pay. ;):D
  • monicaj
    monicaj Posts: 216 Forumite
    I've just been reading that these swabs keep for 3 months but will check with Cellmark for sure tomorrow. if this is the case this does indeed need to be resolved superquick, certainly don't want to be paying out another £500 !!

    I suppose at the moment she has nothing to lose really by dragging her feet as hubby is continuing with CM payments.
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