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repeated claims
MrPT
Posts: 7 Forumite
I dont want to go into complete story but will if requested.
After 8 years of battling the CSA the claimant (resident parent) closed the case after finally getting a court ordered DNA test, yes for 8 years i had been denying parentage and trying to get a DNA test but met wall after wall with the cSa.
On top of this after a review, on the old cs1 system my payment was awarded as £0.00 per week.
But just this morning i received a new claim pack from the CSA again, it appears now she closed it purely to get onto the new system, the problem is for 1, i dont see how she should be allowed to do this but mainly i cant aford all the legal expense of starting this all over again not to mention the distress it has put myself and family under, really dont think i can do it all again.
So is there any way to force them to link the old case and the new? surely they should use the old case to continue this new, otherwise what is stopping her doing this everytime she gets a decision she doesnt like?
After 8 years of battling the CSA the claimant (resident parent) closed the case after finally getting a court ordered DNA test, yes for 8 years i had been denying parentage and trying to get a DNA test but met wall after wall with the cSa.
On top of this after a review, on the old cs1 system my payment was awarded as £0.00 per week.
But just this morning i received a new claim pack from the CSA again, it appears now she closed it purely to get onto the new system, the problem is for 1, i dont see how she should be allowed to do this but mainly i cant aford all the legal expense of starting this all over again not to mention the distress it has put myself and family under, really dont think i can do it all again.
So is there any way to force them to link the old case and the new? surely they should use the old case to continue this new, otherwise what is stopping her doing this everytime she gets a decision she doesnt like?
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What do you mean do this all again, deny paternity again for a further 8 years? You have proof now either you are the father or your not, quite simple I would have thought. She can close down the old case and get it re assessed on the new system in which there is a high possibility that you won't have a nil assesment.
Once the assessment is done she will have to have good reason to ask for it to be re assessed again.*SIGH*
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This question was raised before, a new case is a new case, and you can tick the box if you do not meet the criteria of assumed parent.
Chances are you won't get a nil assesment at the end of the next saga though.0 -
Ok if she is opening this as a new case, you need to look at Maintenance Enquiry Form, where it asks if you accept you are the parent state NO!!!!!!! Then follow this up by a request for DNA testing.
You need to also consider, were you at any point married to the ex, and is your name on birth certificate, also when you separated legally do you have joint parental responsibility,as these are all things you may need to clarify if you suspect this child MAY not be yours.
The PWC will be opening case under new system, as it will be a straight 15% of your income that you will be liable for for 1 child, assuming you currently have no children living with you at present.0 -
So, to clarify, the court ordered DNA test says you are the father?0
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sorry was all a bit garbled earlier was still flustered and should of waited til i calmed down.
Right a timeline, 8 years ago(i would like to point out at the time i was only 20) the case started and i initially filled in the form denying parentage, i never heard anything then for several months. The next thing i got was a letter asking all my income details etc and apparently by completing this step i accepted parentage by default.
Ensuing then the next 8 years several times she refused to do a DNA test eventually managed to get a court ordered one in May, this was followed shortly after a change in circumstance that made my demands £0.00, it was approximately 4 weeks after this i received a letter stating that the case had been closed, i assumed she was refusing the court DNA test and closed the case.
Now the case has started up again afresh, obviously i am not happy for several reasons, the older system worked better for my circumstances, i had the approved DNA test arranged it was all coming to an end.
Admittedly, fresh case, i suppose i have had practice, am a little older and wiser to their tricks, but is there no way at all i can force the old case reopened to close this one?
What i mean by cant do it all again, well, the stress on my marriage, funds are no longer available to fight a legal battle if it gets to that, and i suppose what i mean is there is an easy way out of it to secure my families future:A0 -
Are you the father.*SIGH*
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There is a possibility, but i strongly believe i am not, dont want to go into specifics as it would just sound like bitter resentments btu as far as i know i have about a 25% chance.
I have never voluntarily paid a penny but i did have a DEO in the earlier days.
I ask myself the same question as to why it took 8 years but with mistakes, cockups, and well the CSA being the CSA it did. Several times i arranged for private DNA as the CSA refused to arrange one becuase i had accepted parentage, (which i didnt, but somehow, sorry the reason they gave slips my mind, i had accepted it by default.) but every time she refused to do one hence why i had to chase a court ordered one, and that took a long time.0 -
There is a possibility, but i strongly believe i am not, dont want to go into specifics as it would just sound like bitter resentments btu as far as i know i have about a 25% chance.
I have never voluntarily paid a penny but i did have a DEO in the earlier days.
I ask myself the same question as to why it took 8 years but with mistakes, cockups, and well the CSA being the CSA it did. Several times i arranged for private DNA as the CSA refused to arrange one becuase i had accepted parentage, (which i didnt, but somehow, sorry the reason they gave slips my mind, i had accepted it by default.) but every time she refused to do one hence why i had to chase a court ordered one, and that took a long time.
Have you got the original paperwork from court that you can send with maintennce enquiry form .Deny parentage again and it then makes the onus on the parent with care to supply a DNA test before this case can proceed.0 -
I have kept everything from the past 2 years when i got smarter.
I did not know the onus had shifted to the parent with care to provide evidence, i shall certainly be filling in the "extra info" box and sending all info regarding the failed DNA tests prior to this.
With that one sentence you have truly given me light, with her failing to do so many times before i have a feeling she isnt certain and this whole mess may finally go away, tbh right now i just want it all over and done with so i may actually smile again.
thankyou0
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