help! illegal name change

mcmn

Hi, I am looking for a bit of advice, If someone (not me) completed a csa application form deliberetly in the wrong name could the whole claim be deemed as illegal and thrown out?
I know of a situation where parent with care delibretly completed the forms in a different surname in order to wind up the father and he then complained to the csa about the incorrect name being used. the name was subsequently changed some 4 years later and the csa claim that therefore the original claim still stands. The CSA are now appling for a liability order dating back to 2002, can they do this or does the father have a legal leg to stand on to get this thrown out?

Blob

I would have thought that if the calme is for a different person as named then you have a good chance of haveing it thrown out. All you have to do is have the necessary proof that the name is incorrect and the named person is nothing to do with you.

bdt1

Not sure on this one, but if PWC has completed forms using a different one to that that the NRP knows them as, then surely (for surname purposes) this is immaterial. Just thinking that the PWC National insurance number, DOB, and residential address will all be accurate, so if PWC has used a different surname, they are still traceable as being Mrs ***** due to other information held about them.

In my case, no contact with NRP, for many many years, and unable to trace NRP address, so when I re-married, I wanted my 2 d/s from 1st marriage to have same surname as their younger sibling ( to 2nd hubs). I went to a solicitor, explained situation, produced evidence that I had attempted to trace 1st hubs, plus divorce stuff showing he had declined access to children for many years. Solicitor legally changed the children's surname, then a few years later, when a CSA re-assessment was performed, CSA must have written to NRP, and letter must have had 2 d/s new surname on letter. NRP complained that their names had been changed, so for CSA purposes ONLY, they were known as 1st surname - silly really as everywhere else (and still to this day) they known as newer name.

Just thought this might help you

shegirl

I'd hope it wouldn't be thrown out because it's the same person just a different name!!!

Why would he want it thrown out over a name?Nothing like trying to shirk responsibilites is there...

DX2

mcmn wrote: »

Hi, I am looking for a bit of advice, If someone (not me) completed a csa application form deliberetly in the wrong name could the whole claim be deemed as illegal and thrown out?
I know of a situation where parent with care delibretly completed the forms in a different surname in order to wind up the father and he then complained to the csa about the incorrect name being used. the name was subsequently changed some 4 years later and the csa claim that therefore the original claim still stands. The CSA are now appling for a liability order dating back to 2002, can they do this or does the father have a legal leg to stand on to get this thrown out?

Can you clarify?
Did the PWC use her maiden name for the child rather than the father's surname? Am I reading this correctly?

speedster

shegirl wrote: »

I'd hope it wouldn't be thrown out because it's the same person just a different name!!!

Why would he want it thrown out over a name?Nothing like trying to shirk responsibilites is there...

so it's ok for the PWC to lie and commit fraud then?

typical attitude on here really.

a bit like my ex really. and all she did was shoot herself in the foot too.

Blob

You should also remember that after the change in the law that as 1st Feb 2001, it is a criminal offense to knowingly give false information to the SoS. This could be classed and covered under this section of the Child Support Law!

pd001

speedster wrote: »

so it's ok for the PWC to lie and commit fraud then?

typical attitude on here really.

a bit like my ex really. and all she did was shoot herself in the foot too.

Hi Speedster...nice to see you are stilll here

GobbledyGook

speedster wrote: »

so it's ok for the PWC to lie and commit fraud then?

typical attitude on here really.

a bit like my ex really. and all she did was shoot herself in the foot too.

It depends if the PWC did lie or commit fraud.

If I wanted to really wind my ex up I could use my maiden name. It wouldn't be illegal or fraud, but it would wind him up.

In fact I could use a third name that legally is/was my name from birth, but I've been "known as" my grandparents name since I was young. Again no fraud, but as he'd probably forget that was my name he'd hit the roof.

It's probably daft points-scoring, but it's not always the PWC that's the sole bad-guy (if either are really the bad guy in a scenario).

RedSky

bdt1 wrote: »

In my case, no contact with NRP, for many many years, and unable to trace NRP address, so when I re-married, I wanted my 2 d/s from 1st marriage to have same surname as their younger sibling ( to 2nd hubs).

Out of curiosity bdt1, why did you choose to only legally change your children's surnames and not just have your 2nd hubs adopt them?

Referring back to the OP. At a guess, should a PWC or NRP deliberately use a different name (for legitimate reasons or not) then they must accept that it is likely to cause confusion at various points during their case which may lead to delays and require repeated reiteration and explanation.

Blob

Remember that it is the name of the children that is the point and not the PWC or NRP. The PWC or NRP can call themselves what ever they like and that is not a problem. If they have got the children's names wrong, and it is not covered by 'Common Usage' or an official name change, then there is a problem. As for the rest it is semantics and will not stand in Court in reality.