Child support agency help

roamer2006

Ok so i have had a letter in from the csa saying that my ex refused to turn up to 2 dna tests that were arranged for him so there for the case is now closed till any circumstances change. My son is 8 now and never met him. He is working full time in a bakers and his partner working in a shop part time they have 1 child together. Im on benefits at the moment minus what they take off me that i get in wages! (i do relief work). But what i would like to know is what happens now that he has refused to do 2 dna tests?

Thanks in advance guys

Zara33

roamer2006 wrote: »

Ok so i have had a letter in from the csa saying that my ex refused to turn up to 2 dna tests that were arranged for him so there for the case is now closed till any circumstances change. My son is 8 now and never met him. He is working full time in a bakers and his partner working in a shop part time they have 1 child together. Im on benefits at the moment minus what they take off me that i get in wages! (i do relief work). But what i would like to know is what happens now that he has refused to do 2 dna tests?

Thanks in advance guys

How can they close the case! If he is disputing paternity then he should do the DNA tests if he does not do them then the CSA assume he is the father...something far wrong here OP.

Zara33

How does the CSA sort out disputes about parentage?

We have three ways of sorting out disputes about parentage:

• presumed parentage
• DNA testing
• referring the dispute to a court to make a decision.

What is presumed parentage?

If there is a particular reason to believe that the person named as the parent of a child is, in fact, the parent we are entitled, by law, to presume they are the parent.
This allows us to work out how much child maintenance should be paid and to send a letter to the person named as the child's parent that tells them they must pay that amount. This arrangement will continue until the person named can produce evidence to show that they are not, in fact, the child's parent.
When can the CSA presume parentage?

We can presume that a person named as the parent of a child is the father if they:

• were married to the child's mother at any time between the conception and the birth of the child (if the child has not since been adopted)
• are named as the father of a child on the child's birth certificate and the child has not been adopted since the birth certificate was completed.

We can presume that the person named as the parent of a child is the parent if they:

• refuse to take a DNA test
• have taken a DNA test that shows they are the parent
• have adopted the child
• are named in a court order as the parent of a child where the child was born to a surrogate mother (a woman who has carried the child for another person)
• are a person who, by law, is said to be the parent of a child born as a result of fertility treatment (under Section 27 or 28 of the Human Fertilisation and Embryology Act 1990)
• have been declared to be a parent of a child in a 'declaration of parentage' made by a court, and the child has not since been adopted (in Scotland this is called a 'declarator of parentage')
• have been found or judged to be the parent by a court, even if parentage was not the central issue of the case.

More info from link
http://www.csa.gov.uk/en/case/dispute-process.asp

Zara33

What happens if someone refuses to take a DNA test?

If a person named as the parent of a child is disputing parentage but refuses to take a DNA test, we will presume they are the child's parent and they will have to pay child maintenance.
If a parent with care refuses to take the test we can close the case

http://www.csa.gov.uk/en/case/dna-testing.asp

articfoxy78

Zara33 wrote: »

What happens if someone refuses to take a DNA test?

If a person named as the parent of a child is disputing parentage but refuses to take a DNA test, we will presume they are the child's parent and they will have to pay child maintenance.
If a parent with care refuses to take the test we can close the case

http://www.csa.gov.uk/en/case/dna-testing.asp

they wont always close it if the PWC refuses our case was held open for 4 years cuz she was on benifits and we now have large arrearsbut i do agree with rest of post and all other posts they can presume parentagethats what we were threatened with

kelloggs36

if he has refused 2 DNA tests then they should be assuming parentage and billing him for arrears!!!

Blob

Forgive me on this point, but personally I have not a lot of time from people who dont want anything to do with their children, but and there is a big but here.

You can't assume anything in these times of Human Rights and the like. Under the law of this Country, and it dates back to Magna Carter a courner stone of the legal system of this country, you are inocent untill proved guilty. Therefor evidence has to be absote you can't assume guilt unless we are now liveing in a dictatorship, if that is the case can someone let me know, as I personally will fight to the death to change that, I have fought a war for the peoplke of this country to live free, and if I have to I will again!:A

Loopy_Girl

What about the human rights, what about the rights of the child? The mother has given a name and the NRP has refused to prove otherwise so it is right that parentage should be presumed.

Do you think that the police let a potential suspect walk free if he has had 2 chances to defend himself and refuses and say 'ah well, his human rights were being breached. Innocent until he is ready to disprove'?

Zara33

articfoxy78 wrote: »

they wont always close it if the PWC refuses our case was held open for 4 years cuz she was on benifits and we now have large arrearsbut i do agree with rest of post and all other posts they can presume parentagethats what we were threatened with

:eek::eek: holy smoke 4 years, did you try and fight this?

articfoxy78

Zara33 wrote: »

:eek::eek: holy smoke 4 years, did you try and fight this?

we were led to believe (over the phone) that the case was closed cuz she had failed to go for test 3 times. believing she wasnt going for the test cuz she didnt think NRP was the parent(they split up cuz he found her in bed with someone else). we left it at that and thought nothing of it(we went on camping hols with our kids with money we had saved just in case).we recieved nothing from CSA for 4 years no letters no phone calls NOTHING we recieved a letter 4 years later asking to go for another test and then was proven to be the father (im NRPP) then we appealed re back pay but "governtment leglistation" decrees that "a case cant be closed(at that time) if the PWC is on benifits" so the arrears stand £4.500

marksoton

articfoxy78 wrote: »

we were led to believe (over the phone) that the case was closed cuz she had failed to go for test 3 times. believing she wasnt going for the test cuz she didnt think NRP was the parent(they split up cuz he found her in bed with someone else). we left it at that and thought nothing of it(we went on camping hols with our kids with money we had saved just in case).we recieved nothing from CSA for 4 years no letters no phone calls NOTHING we recieved a letter 4 years later asking to go for another test and then was proven to be the father (im NRPP) then we appealed re back pay but "governtment leglistation" decrees that "a case cant be closed(at that time) if the PWC is on benifits" so the arrears stand £4.500

Who have you consulted over this ?

I thought the normal action was her benefits would have been cut. Not come chasing the NRP years later.