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

monicaj

OP - if you are completely serious, I am horrified with your proposals to the situation you find yourself in.

Please take a step back and think about the innocent child in this situation. I cannot believe that you would contemplate being involved (financially) in an innocent child's life when you are so sure you are not the biological father. If the mother is as "unhinged" as you claim, imagine.................. just imagine ..............she tells the child "XXXX is your father" he is paying maintenance for you, only for the child to find out at 19 years old this has been a complete lie !!!!! it is a despicable situation that you as an adult can avoid .................

Please, please think of the child.......

PreludeForTimeFeelers

The CSA have contacted as you have been named as the father in an application they have received. Either you are the dad, or you're not...the next step is to let the CSA know whether you accept paternity. If you think you're not, then you will need to tell them this, and they will arrange a DNA test for you. You can either pay this upfront, or afterwards...it is cheaper to pay upfront. If the test shows you're not the dad, then you will be refunded. If you *are* the dad, then you won't be refunded, and the case will proceed.

If you don't return the form, or don't go for the test, then they can legally presume paternity - you'll have been given the opportunity to prove you're not the child's dad, and have failed to do this. If you get a private DNA test done at a later date then they won't refund you payments that you've made in the meantime, for the simple reason that you have been non-compliant with them. I don't see how they would refund you every last penny you'd have paid, along with 8% interest...interesting world that you live in!

Great to know that you'd be so happy to screw the tax-payer like that too.

stuart30

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.

Should have just done her up the wrong un mate then you could then say ""Its definitely not mine""

DUTR

StitchedUp1979 wrote: »

a) Its 6 months before concention date based on date of birth. I may have explained it wrong but I thought a 9 month gestation period would have been obvious to all mums.

b) the upfront fee is not the issue. I find it odd the CSA takes an an unsupported claim to be fact, and conveys it to me with vitriolic correspondence containing phrases such as arrest warrants, bailiffs, and prison.

Its fair to say that no formal offer of a perternity test has been made, nor have I seen the form DUTR refers to. Getting my address right is the CSAs problem and if they choose not to do so then that is their prerogative. I expect it was never sent, or my ex gave a wrong address, possibly of a property that is currently tenanted. I did have a strange call from woman from the DWP with a shirty attitude and asking about my birthday. I told her to contact a solicitor.

This is the first I heard that recovering incorrect child maintenance is difficult. I have been reading the Robinson case where it was a straightforward claim of about £33,000 including interest when a paternity test was done. It wasnt payable by the mum, the CSA repaid it because it executed a threat it had previously made.

The CSA treat me with contempt as though I am a criminal. Is there anything wrong in allowing the CSA to steamroller ahead with their accusation and enforcement unhallenged? Concede 15%, then reclaim it later. Its not the mum who repays it accoriding to a leading precedent, its the CSA. But I must be sure the CSA acts unilaterally in order to follow a precedent.

Unless the forms have changed it was there on the 2nd page, anyways, you will also have to think about a last testament will, as if the child is yours then if you peg it, then they are next of kin unless your will dictates othwerwise.
They don't need to waste time with mitigating circumstances, you all take the test, once the results are known, the case progresses or closes.

Saturnalia

There's only one right thing to do here and that's the best for the child. If you are 100% sure you can't be the father then get the test done and prove it. You'll save the child years of confusion and heartache over who its father is, as well you will save yourself those years of child support payments. What would be the point of claiming and trying to claim back the money, best of luck there, if the mother doesn't have any money she'll be paying it back at £1 per month, that's if the judgement goes in your favour. It'd be quite reasonable for anyone trying to work that one out to ask why you never had the test done in the child's infancy when the CSA offered it to you.

Never mind how messed up the child will be to find out in its teens that "Daddy" isn't. I wouldn't wish that on anyone, and you have the power now to prevent that from happening. Go on, do right, for the child if not for your own finances.

GobbledyGook

One thing to think about - if you pay her 15% every month and then claim it all back in years who do you think will pay you back?

They won't be able to get all that money back off your ex so it'll be the tax payer you are stinging - not her.

Plus you'll be denying the child the chance to know who their father actually is. If you stump up and keep quiet there will be no need for anymore questions to be asked. Then one day you'll rip that rug out from under the child and no matter how conniving or whatever your ex is the innocent child doesn't deserve that just to make you 8% on your monies.

make_me_wise

StitchedUp1979 wrote: »

Im not ignoring them, I just didnt respond to a letter that looked like it was written by a fruit & nut case. They couldnt even get my name right and the arithmetic was demented.

I havnt been on any dead beats website. I googled CSA forums and it points here. There was another site about CSA hell but couldnt take it seriously.

If the letter was on their headed paper, and you didn't respond to it then you are ignoring it :T

You are considering paying 15% of your salary to a child who you are adamant isn't yours, on the off chance of making a good return in interest, and you think the csa person who wrote to you is a fruit and nut case :rotfl::rotfl::rotfl:

This has got to be a wind up. On the off chance you are for real get the dna test done, stick 2 fingers up at the 'try her luck' ex and get on with your life :beer:

Anacrusis

StitchedUp1979 wrote: »

a) Its 6 months before concention date based on date of birth. I may have explained it wrong but I thought a 9 month gestation period would have been obvious to all mums.

b) the upfront fee is not the issue. I find it odd the CSA takes an an unsupported claim to be fact, and conveys it to me with vitriolic correspondence containing phrases such as arrest warrants, bailiffs, and prison.

Its fair to say that no formal offer of a perternity test has been made, nor have I seen the form DUTR refers to. Getting my address right is the CSAs problem and if they choose not to do so then that is their prerogative. I expect it was never sent, or my ex gave a wrong address, possibly of a property that is currently tenanted. I did have a strange call from woman from the DWP with a shirty attitude and asking about my birthday. I told her to contact a solicitor.

This is the first I heard that recovering incorrect child maintenance is difficult. I have been reading the Robinson case where it was a straightforward claim of about £33,000 including interest when a paternity test was done. It wasnt payable by the mum, the CSA repaid it because it executed a threat it had previously made.

The CSA treat me with contempt as though I am a criminal. Is there anything wrong in allowing the CSA to steamroller ahead with their accusation and enforcement unhallenged? Concede 15%, then reclaim it later. Its not the mum who repays it accoriding to a leading precedent, its the CSA. But I must be sure the CSA acts unilaterally in order to follow a precedent.

You must be really annoyed, I'm a woman so have no chance of geting a letter like that from the CSA but in your place I'd be annoyed too.

Rude letters from people in "authority" are extremely annoying, but long term you might prefer to write back to say that you're sure the child isn't yours for reasons x y and z etc. and do a DNA test if asked... equally you might prefer to take a stand about these rude letters (seems to be automated?) and maybe your stand might change things. I'm surprised they don't send a standard letter asking you to confirm that the child is yours though...

redbull5

take the test and grow some balls

bewilderedhelpneeded

If this isn't a wind up then I really can't see the problem. A DNA test takes seconds - strand of hair or saliva sample but you do have to wait for it to be analysed and then you get result by letter. If you really want nothing else to do with this girl then why on earth would you pay her child maintenance when you don't have to? Every month you and her are going to be reminded of each other as you make the payments. What if she then takes it one step further and takes you to court to try to force access. Does not bear thinking about.

What if you meet someone else and want to settle down with them. How on earth you going to explain why you paying for child that isn't yours. Do you honestly think they are going to believe the fact that you think you will be able to claim back all the money plus interest that why your doing it (you won't by the way, by paying maintenance you are admitting paternity) And what about if you have another child? Arn't they going to be curious as to why you paying to support another child that you say isn't yours and they will always wonder if the other child is their half brother/sister

Who is to say you will continue to earn such a huge salary? What if something happened and your salary drops significantly and you can no longer afford to lose 15% on the slim offchance that you will be able to claim it all back plus interest?