Help on challenging CSA after finding out you have a child after 12 years!!

don16

Hi there dont suppose anyone has any advice on this situation. I have jusy found out after 12 years that I am the father of a child I was unaware of and that the CSA are now trying to make me pay towards the child. Having not known about this for 13 years you can imagine the shock of the news oh and the amount. I have a daughter that I have raised of which wants for nothing but now the CSA expect me to pay £100 a week plus arears for a child I was unaware of? As I dont pay for my daughter through the CSA they will not take into account the amount I spend on her and therefore must think I have all the money spare. I agree yes if you father a child you should step up to the mark but if you are not aware how are you supposed to know and then be expected to pay money owed for 12 years? My main question was if any one have experienced this does the "limitations act" stand on this? Does anyone know how I can fight this case to the amount? to say it has taken them 13 to contact me??

Soubrette

don16 wrote: »

Hi there dont suppose anyone has any advice on this situation. I have jusy found out after 12 years that I am the father of a child I was unaware of and that the CSA are now trying to make me pay towards the child. Having not known about this for 13 years you can imagine the shock of the news oh and the amount. I have a daughter that I have raised of which wants for nothing but now the CSA expect me to pay £100 a week plus arears for a child I was unaware of? As I dont pay for my daughter through the CSA they will not take into account the amount I spend on her and therefore must think I have all the money spare. I agree yes if you father a child you should step up to the mark but if you are not aware how are you supposed to know and then be expected to pay money owed for 12 years? My main question was if any one have experienced this does the "limitations act" stand on this? Does anyone know how I can fight this case to the amount? to say it has taken them 13 to contact me??

I don't think there is a limitation clause in this situation - dispute paternity and ask for a DNA test but make sure you put by a proportion of your income to cover any backdated claim if the DNA test turns out to be positive.

ETA - you are only liable from the time the CSA contacted you.

mrsspendalot

I was just going to say the same thing - after 12/13 years of being unaware of the child's existence I would definitely do nothing and pay nothing before having a DNA test to make sure you are the father of this child.

In terms of your other child, if you have a private maintenance arrangement for her then you might have to warn the mother that due to this arising, you will have no choice but to go via CSA as otherwise they will make no allowance for what you already pay to one mother, and expect you to pay a set amount based on your full income. Seems very unfair, particularly if the arrangement has worked well for you all this time.

I think you also need to establish exactly when the case was opened and what attempts they have made to contact you in the past. The CSA cases are usually only effective from when they first contact you, but they might try and make out they sent paperwork years ago, and arrears have therefore built up. You might need some specialist help to get this sorted. I think there is someone who posts on this board from NACSA who helps with more complex cases?

Hope you get it sorted!

PlayingHardball

I would ask the CSA for the complete Data Protection File to establish if they attempted to contact you before. if they did, it will be in that file. There is a sticky at the top of the threads to tell you how to do this.

With regards to his current child and PWC, I didn't think NRP could apply to the CSA to change a private agreement to a CSA agreement. May be wrong.

gratefulforhelp_2

Have you checked the facts they have given you very very carefully, and are you sure the child is yours?

mrsspendalot

PlayingHardball wrote: »

With regards to his current child and PWC, I didn't think NRP could apply to the CSA to change a private agreement to a CSA agreement. May be wrong.

Either the NRP or PWC can go to the CSA at any time, whether there is a private agreement in place or not. My hubby's ex-wife went to them because she wasn't happy with her private arrangement anymore. We never missed a payment or messed her about. Our case is now with the CSA.

PreludeForTimeFeelers

mrsspendalot wrote: »

In terms of your other child, if you have a private maintenance arrangement for her then you might have to warn the mother that due to this arising, you will have no choice but to go via CSA as otherwise they will make no allowance for what you already pay to one mother, and expect you to pay a set amount based on your full income. Seems very unfair, particularly if the arrangement has worked well for you all this time.

If you've got another child who you're paying for privately, I'd definitely consider opening your own case for that child, to pay the mother. You can carry on with your current private agreement, this is called 'maintenance direct', and it's the only way for the CSA to take account of the fact that you have another child who doesn't live with you.

DUTR

mrsspendalot wrote: »

Either the NRP or PWC can go to the CSA at any time, whether there is a private agreement in place or not. My hubby's ex-wife went to them because she wasn't happy with her private arrangement anymore. We never missed a payment or messed her about. Our case is now with the CSA.

Nothing wrong with having a case with the CSA :j

mrsspendalot

DUTR wrote: »

Nothing wrong with having a case with the CSA :j

Well, in some ways I would have to agree! The CSA agreement for hubby's ex-wife actually lowered his payment, so in effect backfired. We offered more privately but she turned it down and we left it as it is. It certainly now means she can't use CSA as blackmail

DUTR

mrsspendalot wrote: »

Well, in some ways I would have to agree! The CSA agreement for hubby's ex-wife actually lowered his payment, so in effect backfired. We offered more privately but she turned it down and we left it as it is. It certainly now means she can't use CSA as blackmail

Indeed, and there is no forgetting that monies were recieved :j

mrsspendalot

DUTR wrote: »

Indeed, and there is no forgetting that monies were recieved :j

Yes, and the only things she kicked off about was that we insisted all payments went through CSA and not direct, so as to avoid that problem. Saves arguments. Sadly, the downside in our case to CSA involvement was that the bitterness caused by arguing about maintenance assessment they made has led to no contact with his daughter since August 2009, but that's another thread .....