Do non biological parents have to pay CSA?

Scudgie

Hi, I've not been able to find a post similar to my circumstances, so I would really appreciate some advice please.

For the last 5 years I have paid maintenance to my ex-wife, via the Csa, in respect of our son. She also has a daughter from a previous relationship but her father is the biggest waste of space imaginable.

I've always had a good relationship with my ex's daughter and although not contributing formally via the Csa, I have always contributed towards her welfare inn one way or another.

When we split my ex unreasonably withdrew access to the children and it was necessary for me to go to court (in 2008) to obtain residency orders, for both children, and this involved getting a Parental Responsibility Order for her daughter, primarily due to medical reasons.

Last year my ex met someone new and decided to move in with him, only she left the children behind. We made verbal arrangements for her to pay maintenance / hand over Child Benefit etc, but my ex let us down totally. After four or so months, I decided to go formal and made a claim to the Csa.

As usual, the Csa have dragged their heels and it was not until late December when they issued assessments, but no payments have been received so far. At the beginning of January her Daughter decided to move in with her and has changed schools etc. Our son,, however, still lives with me.

My ex wife now tells me that the Csa have informed her that, owing to the fact her daughter has returned to live with her, I now have to pay her maintenance. So this means, effectively, that we both have to pay each other.

I'm am neither the biological nor adoptive father of her child, but she claims that the Csa have told her that the reason I have to pay is because I obtained a Parental Responsibility Order.

There has been no order by the courts forcing me to pay towards her Daughter, so are the Csa correct ? This seems totally unfair to me

HoneyNutLoop

The short answer is no, at least as far as the CSA goes. You must be the biological parent, adoptive parent or the designated parent if the child was conceived through IVF. Are the CSA already aware that you are not the biological father?

Scudgie

Hi, thanks for your reply.

Yes, the Csa are already aware that I'm not the biological father.

HoneyNutLoop

Have the CSA told you that you have to pay? Or approached you in any way, shape or form about her applying to receive maintenance from you? Or is it just your ex telling you this ATM?

Scudgie

This has come directly from my ex, she claims to have discussed this with her Solicitor and the Csa and had it confirmed today.

I'll be ringing them in the morning to find out what exactly is going on.

shoe*diva79

Scudgie wrote: »

This has come directly from my ex, she claims to have discussed this with her Solicitor and the Csa and had it confirmed today.

I'll be ringing them in the morning to find out what exactly is going on.

You will not have to pay. Deny paternity as soon as they contact you and they will then want a DNA test. If she refuses (which she should knowing your not the father!) then paternity is denied, and if she makes you have the test then obviously paternity will be denied.

Scudgie

shoe*diva79 wrote: »

You will not have to pay. Deny paternity as soon as they contact you and they will then want a DNA test. If she refuses (which she should knowing your not the father!) then paternity is denied, and if she makes you have the test then obviously paternity will be denied.

I'm sure they already have the biological father's details on their file because my ex chased him, unsuccessfully, for years to get maintenance from him. Nonetheless, I will provide them with all details again

shoe*diva79

Scudgie wrote: »

I'm sure they already have the biological father's details on their file because my ex chased him, unsuccessfully, for years to get maintenance from him. Nonetheless, I will provide them with all details again

Good luck. Let us know what they say.

labyrinth84

How cheeky of her! You willingly took on her daughter when she decided she didn't want her kids for a while and by the sounds of it always been there for both kids regardless of paternity!
Now she wants to claim money from the household of her own son? Some people are unbelievable.
I wish you all the best and hope all gets resolved soon.

FBaby

To be fair you have treated her like your daughter all this time so why would you stop now? I assume there are reasons behind her moving back to her mum that might influence your reluctance to pay maintenance but does it mean you really don't consider her your daughter any longer?

sfm82

FBaby wrote: »

To be fair you have treated her like your daughter all this time so why would you stop now? I assume there are reasons behind her moving back to her mum that might influence your reluctance to pay maintenance but does it mean you really don't consider her your daughter any longer?

Yes but they both have one child each in their household so for simplicities sake would it not make sense to cancel maintenance all together and just carry on.

From what the OP has written the BM hasnt exactly been forthcoming with the required CM and their relationship seems volatile so to me this seems the best way to approach the situation rather than looking at the moral aspects of whether he sees her as his daughter or not.