CSA says I am the father – but that's impossible!

StitchedUp1979

I was in a relationship several years ago with young lass, about 19 years old and she was desperate to have a baby. I wasn't ready but always tried to have unprotected sex and she was coming on way too strong. I just sensed she was trying to use a baby to keep us together, or retain me as some kind of investment product. I ended the relationship after year and thought nothing more but I did get constant texts and phone calls. It was like she was stalking me, really spooky.

A bombshell, the CSA said I am the father of her baby. I know this isn't possible because its far too young to be mine but she also insists its mine from the last time we had sex.

The CSA says I have to have a DNA test, but for now the CSA seems to accept her word for it and its down to me to defend the accusation with evidence while she does not have to produce any.

I am sure she has done this to either, get back at me, or try to retain me in some way. I don't think the sole reason is financially motivated. She is of limited means and 15% of my net salary would afford her a substantial lifestyle. I am a civil engineer earning £180K a year so this is way beyond child support.

I have several avenues of thought on how I deal with this.

1. Swallow it and pay the DNA test.

2. No nothing and do not admit to anything. Just let the CSA seize money as threatened, then when the child attains 19, do the DNA test and reclaim all the money plus interest at 8%. (I understand there is no lime limit for a paternity test when no admission of parentage has been made).

3. Accept its mine and move on.

Can I make a counter claim of Fraud by misrepresentation against the mother and/or the CSA? Its an offence under Section 2 of the Fraud Act 2006 to make a false representation (that I am the father) in order to obtain money from me for themselves or another. I hear that if the CSA obtains money on her behalf then the caseworker could be personally liable under Section 4 of the 1967 Criminal Law Act.

daisyduke1

StitchedUp1979 wrote: »

I was in a relationship several years ago with young lass, about 19 years old and she was desperate to have a baby. I wasn't ready but always tried to have unprotected sex and she was coming on way too strong. I just sensed she was trying to use a baby to keep us together, or retain me as some kind of investment product. I ended the relationship after year and thought nothing more but I did get constant texts and phone calls. It was like she was stalking me, really spooky.

A bombshell, the CSA said I am the father of her baby. I know this isn't possible because its far too young to be mine but she also insists its mine from the last time we had sex.

The CSA says I have to have a DNA test, but for now the CSA seems to accept her word for it and its down to me to defend the accusation with evidence while she does not have to produce any.

I am sure she has done this to either, get back at me, or try to retain me in some way. I don't think the sole reason is financially motivated. She is of limited means and 15% of my net salary would afford her a substantial lifestyle. I am a civil engineer earning £180K a year so this is way beyond child support.

I have several avenues of thought on how I deal with this.

1. Swallow it and pay the DNA test.

2. No nothing and do not admit to anything. Just let the CSA seize money as threatened, then when the child attains 19, do the DNA test and reclaim all the money plus interest at 8%. (I understand there is no lime limit for a paternity test when no admission of parentage has been made).

3. Accept its mine and move on.

Can I make a counter claim of Fraud by misrepresentation against the mother and/or the CSA? Its an offence under Section 2 of the Fraud Act 2006 to make a false representation (that I am the father) in order to obtain money from me for themselves or another. I hear that if the CSA obtains money on her behalf then the caseworker could be personally liable under Section 4 of the 1967 Criminal Law Act.

Do the DNA, if turns out not to be yours The CSA will refund the cost of the DNA.

If you just accept the child is yours and your doubtful. you will be paying for the child who just may not be yours.

Please dont blame it all on her for trying to Trap you in to getting pregnant. Every adult is responsible for looking after them selves. Ie always wear a condom and you wouldnt be in this mess, Never rely on the other saying they will provide contraception. You look out for number one and that is Yourself.

fannyanna

This post seems a bit far fetched to me but on the possibility that this is genuine.......

Come on you're clearly a smart guy to have that job and that salary.

Pay for the DNA test to save thousands and thousands of pounds over a potential 19 year period.

Because if you pay it good luck getting it back.

Then if the baby is proved not to be yours just walk away and forget about it.

kelloggs36

StitchedUp1979 wrote: »

I was in a relationship several years ago with young lass, about 19 years old and she was desperate to have a baby. I wasn't ready but always tried to have unprotected sex and she was coming on way too strong. I just sensed she was trying to use a baby to keep us together, or retain me as some kind of investment product. I ended the relationship after year and thought nothing more but I did get constant texts and phone calls. It was like she was stalking me, really spooky.

A bombshell, the CSA said I am the father of her baby. I know this isn't possible because its far too young to be mine but she also insists its mine from the last time we had sex.

The CSA says I have to have a DNA test, but for now the CSA seems to accept her word for it and its down to me to defend the accusation with evidence while she does not have to produce any.

I am sure she has done this to either, get back at me, or try to retain me in some way. I don't think the sole reason is financially motivated. She is of limited means and 15% of my net salary would afford her a substantial lifestyle. I am a civil engineer earning £180K a year so this is way beyond child support.

I have several avenues of thought on how I deal with this.

1. Swallow it and pay the DNA test. your best option - it is less than £300 and will give you total peace of mind as you will know once and for all if you are indeed the father

2. No nothing and do not admit to anything. Just let the CSA seize money as threatened, then when the child attains 19, do the DNA test and reclaim all the money plus interest at 8%. (I understand there is no lime limit for a paternity test when no admission of parentage has been made). a very risky strategy, as you will be legally deemed to be the father if you refuse to have a DNA test and will have no recourse later on as you would have had the chance. This would only possiblywork if you requested a DNA test which the CSA refused.In order to get a declaration of parentage overturned, you would have to go to great lengths and great expense to prove your case.

3. Accept its mine and move on. Don't do this - do the DNA test now.

Can I make a counter claim of Fraud by misrepresentation against the mother and/or the CSA? Its an offence under Section 2 of the Fraud Act 2006 to make a false representation (that I am the father) in order to obtain money from me for themselves or another. I hear that if the CSA obtains money on her behalf then the caseworker could be personally liable under Section 4 of the 1967 Criminal Law Act.

The CSA have not claimed that you are the father, the mother has - they are only acting on information given to them. Have the DNA test and take it from there.

StitchedUp1979

Very quick replies.

Is this really the norm, someone can allege with no evidence, then its down to me, the accused, to bear the burden of proof?

DD1, I agree Every adult is responsible for looking after them selves, I did exactly that, it was all safe sex unless she became pregnant from receiving oral sex. Not very likely.

Option 2 was suggested to me because she would get the money, and therefore out of my life. Besides the interest rate is attractive in the present market and Im not too bothered about the expense. I can reclaim it afterwards provided I do not make any admission of parentage.

fannyanna

Just get the DNA test and once it's proved you're not the father get your money back and then walk away.

Simples!

fannyanna

StitchedUp1979 wrote: »

Is this really the norm, someone can allege with no evidence, then its down to me, the accused, to bear the burden of proof?

Oh and yes. Especially as you're the "father". As far as the CSA are concerned you're clearly a lying toe rag.

Welcome to the crazy world of the CSA

shellsuit

When was the last time you had sex with her and how old is the child?

If it doesn't add up, I'd go for the DNA test, what else is there to think about?

Would you really want to pay for a child that isn't yours, and who thinks you are their Father?

StitchedUp1979

Quietly, my thinking was to pay her off the 15% CSA to keep her quiet, then reclaim it later after a paternity test. This is why I need to be sure I formally deny I am the father and have the CSA treat me the lying toe rag and let them carry out all these threats.

The timings are way out, like 6 months difference from date of birth and last (protected) sex, except oral sex on a one night stand at a pub where she worked, my fault, but that doesnt get her pregnant.

fannyanna

Why do you want to pay towards a child that you're sure is not yours?

Did you miss the bit about not being able to eaily reclaim your money back.

Find a bank to invest your money. You'll get a much better return than from some girl who'll be paying you back the maintenance you've paid at £5 per week

anguk

StitchedUp1979 wrote: »

Quietly, my thinking was to pay her off the 15% CSA to keep her quiet, then reclaim it later after a paternity test. This is why I need to be sure I formally deny I am the father and have the CSA treat me the lying toe rag and let them carry out all these threats.

The timings are way out, like 6 months difference from date of birth and last (protected) sex, except oral sex on a one night stand at a pub where she worked, my fault, but that doesnt get her pregnant.

Why on earth would you want to pay her off to the tune of 15% of your earnings for the next 19 years just to keep her quiet? It won't keep her quiet because you'll be linked to her for the next 19 years! Pay the £300 for a paternity test, if you're not the father it's all over and done with and you can move on with your life.

I know you've said you can wait until the child is 19 then prove you're not the father and get the money back plus interest but what happens if you die before then? The ex will have had all that money for nothing and enjoyed the lifestyle it has bought. And even if you are around when the child hits 19 you'll have a lengthy battle to get your money back.

Do the paternity test now, prove you're not the father, forget about your ex and move on.