birth certificate and dna test help

dt3887

*duplicated from another forum area*

Hi,

i am in dire need of some advice, ideally from someone who actually has the correct knowledge, and not a troll.

basically, my ex wife has terminated all contact i have with the kids after i told her that i have been told by several people that she cheated on me while she was in hollidays (the same time First child was concieved), and again when i was away with work for 2 weeks (round about the same time as the second child was concieved).
Since then she has, like i said, cut off all access, and will not let me even speak to the children - i recieved a text sayin "why dont you just f**k off, we do not want anything to do with you or your money". at the time we had a private payment arragement in place, which she then started to refuse the payments by putting the money back into my bank account with the reference "dont want it".

last week i recieved a letter from the csa - 3 months after she started refusing the payments. she has told them that it was me who cut all contact and told her to f off, and told them i was demanding the money back.
i have told csa i am more than happy to make the payment through them, as long as a dna test is performed.
when i spoke to csa yesterday, they told me that she "isnt very keen" on doing a dna test, and if i want to get it done, i will have to go through the courts to get my name removed from the birth certificates and then have the tests done under reasonable doubt rules.

what im trying to find out, is if anyone has had this before, how long it takes, and how much it costs?

thanks

dave

clearingout

it doesn't matter if she isn't very keen - they have to allow you a test. Please have a look on the CSA website before filling in any paperwork on this issue - you only have this opportunity to get your DNA test through the CSA and if you send back the forms, you're admitting liability.

For your piece of mind that I'm not a troll, my ex insisted that our third child couldn't possibly be his and told the CSA as much. I wasn't very keen on a test - not because I have any concerns over paternity but because of the possible implications of DNA testing at a later date for all three children. But I filled in the paperwork 'cos I was told if I didn't, I was effectively denying paternity and I wouldn't be able to receive any maintenance for that child. My ex failed to complete the paperwork and was therefore denied the test by the CSA and as a result, he was also later denied a test in court by a judge who had had his fill of him (long story!).

Hopefully preludetimeforfeelers will be along later to help out - she works for the CSA. Until then, please do your homework - the CSA publish a big thick booklet on this issue which you will find online. You may need to phone back and ask to speak with a supervisor to make sure you get the test.

Cost wise - 3 years ago with the CSA it was about £280 for each test - you don't have to pay up front, they will just add the amount to your maintenance liability if you are proven the father. If you're not the father, you won't have to pay. You can pay up front - it is slightly cheaper if you do - and that will be refunded if you're not the father.

Hope that helps!

kevin137

If it is a new CSA case, then it can be done through them, if she refuses this, then they will not collect any maintenance for the children concerned.

It may be better to dispute parentage of all the children at the same time to get clarification and put your mind at rest. But only you know what is best for you.

The cost is according to the CSA website, and is discounted if paid in advance, but fully refundable if proved you are not the parent.

It doesn;t matter if she is keen or not, if you have doubts, then insist on a DNA test, but at the same time, put aside the money you would be paying should the children be yours. So you will not have any arrears.

As for payments made direct to her prior to this action, it is very unlikely that you would be able to recover these, and would involve legal action through the small claims court. This does not however mean that it is not impossible. But unlikely.

As for having you name removed, it is only the course that could do this, and only with the DNA confirmation, it should be a simple procedure, and would be something you could do yourself, i am sure there would be no objection from the ex, as the DNA is 100% right. So would not get anywhere, would take a little time, but again, an application would not be expensive should you do yourself and the you just submit the DNA and the court would rule.

For DNA costs etc, look at the link.

http://www.direct.gov.uk/en/Parents/ChildMaintenance/IfyourealreadyusingtheChildSupportAgency/DG_199098

dt3887

cheers for the reply.

cost wise its not an issue for the test, its more the costs if i need to go to court to remove my name for the birth certs. they are still telling me because we were married at the time then it is presumed parentage or somethin like that.

they still telling me that she can refuse the test if she wants, and thats when it will go to court to be removed then they can/will test...



can you see why i have her stored in my phone as snake with t**s?



oh, forgot to mention that she also told them that i lied about my earnings and falsified my payslips to show i was earning twice as much as i actually am?

kevin137

If she continuously refuse the test, then you will be able to use the CSA evidence to have your name removed from the birth certificate, it would be slightly longer winded, but still possible to do yourself.

Unfortunately, she can not comply and the CSA will not assess, you could then get your name removed and she could come back 1, 5 or even 10 years later and still name you. And you would have to go through the CSA process again, just because she refuses and you get your name removed will not absolve you if she comes back later to make another claim... Unfortunate, but that is how it is.

Falsifying your payslips to present as evidence amounts to fraud, and is easily proved to be so, you ask the CSA to contact your employer for the correct information. But you also ask for evidence to be used against her for the fraud, unlikely to happen, but it is not something that should be allowed...!

clearingout

hmmm... interesting...'cos you're married, they're going down the road of presumed paternity 'cos you're married. I was married when the ex made the accusations - they refused to 'presume' in my case (in the first instance anyway). I guess my ex gave them a good story - him having the affair, not me!!!! Please pick up the phone and tell them that you have doubts - go into detail - and politely demand a DNA test on that basis - but wait first and see if prelude posts as she understands the system and may be able to give you some valuable advice on how to tackle it.

vax2002

Not the kind of actions of someone "caught at it"
more the actions of someone accused of something they did not do and taken umbridge !

DUTR

dt3887 wrote: »

cheers for the reply.

cost wise its not an issue for the test, its more the costs if i need to go to court to remove my name for the birth certs. they are still telling me because we were married at the time then it is presumed parentage or somethin like that.

they still telling me that she can refuse the test if she wants, and thats when it will go to court to be removed then they can/will test...

That is correct , under those circumstances, paternity can be assumed, you may have to take it to court for a DNA test and remember the test can prove positive or negative, don't the children look like you?

Mojisola

I don't understand why you have to change the BCs before having the test. If the children are yours, you'll have to change them back again.

Do query that.

Have you tried any of the fathers' support forums. There's bound to be someone else who has gone through this.

Mojisola

See page 11 here - https://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@benefits/documents/digitalasset/dg_198851.pdf

It doesn't say anything about having to change the BC.

McKneff

It makes me very sad that the children are in the middle of all this.

Can you imagine how they feel and what kind of an impact this will have on them.

Just remember, the first line of your first post said 'I have been told by several people' whats that all about then, you believe people over the mother of your children.

Could you answer me this, are you hoping that these children are actually yours, I get the feeling that you hope not. Sorry, but that's the way its coming over