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Do non biological parents have to pay CSA?

24

Comments

  • wayne0
    wayne0 Posts: 444 Forumite
    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

    im sure that this would go a long way to the criminal record and £1000 fine for deliberately misleading the csa.?

    - it is a criminal offence to deliberately LIE to the csa (whilst not telling them anything is not lying its failing to provide information - which they can make assumptions based on lack of information).

    - is the father of the daughter named on birth certificate? - might be an idea to get a copy of it. and send into the CSA if they contact you telling them that she is deliberately misleading them etc (its a crime to also name somebody as a father on a birth cert if they are not - so either way.... )

    also, whilst you hold PR, you are still not considered the father in legislation to the CSA. residence order and pr are different to adopting (which would mean you are liable).

    @FBaby... whether or not he considers the girl his daughter as people keep bringing up... it relates to THE LAW.

    the guy was willing to step up and take care of the child, take an interest and "be a father" even more so when she did a bunk... doesnt mean the mother can now take the P...s
  • kevin137
    kevin137 Posts: 1,509 Forumite
    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?

    A reluctance to pay maintenance in this case would be in my eyes nothing to do with the rights and wrongs, clearly he has provided more than he legally needed to, he took responsibility for a child that was NOT his, and could of quite easily let fall into the care system and become a victim of circumstance, but that does at no time mean that he has agreed to an undertaking to provide financial care long term for a child that is not his.

    It was my understanding that as far as access is concerned, NOT being the biological father is something that could be overcome should contact be applied for, as a "guardian" that everyone accepted for the purposes of the period of time that it was needed, could very well be ordered extended by a judge for contact and even care again...!

    I have nothing but praise for this person, and believe he should continue with his claim for CS in the case of his child, but refute any claim for the child that is not biologically his...
  • cte1111
    cte1111 Posts: 7,390 Forumite
    Part of the Furniture Combo Breaker
    I understood that if a step-child is treated as a "child of the marriage", then the step-parent can be found liable for child support legally. However, this does not fall within the remit of the CSA.

    Here's a link with some info:
    http://www.cambridgeshire.gov.uk/childrenandfamilies/parenting/becomingaparent/becomingstepparent.htm

    "If you are a step-parent, you will also have financial responsibility for your child. However, you can't be asked to pay financial support by the Child Support Agency (CSA)."

    Your ex would need to go to court to request child support for her daughter.

    Before everyone jumps on me, my husband has parental responsibility for my daughter (his step-daughter). We found this information out when we were researching the process. It was something that my husband was happy to take on, as he regards my daughter as his own.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    kevin137 wrote: »
    A reluctance to pay maintenance in this case would be in my eyes nothing to do with the rights and wrongs, clearly he has provided more than he legally needed to, he took responsibility for a child that was NOT his, and could of quite easily let fall into the care system and become a victim of circumstance, but that does at no time mean that he has agreed to an undertaking to provide financial care long term for a child that is not his.

    It was my understanding that as far as access is concerned, NOT being the biological father is something that could be overcome should contact be applied for, as a "guardian" that everyone accepted for the purposes of the period of time that it was needed, could very well be ordered extended by a judge for contact and even care again...!

    I have nothing but praise for this person, and believe he should continue with his claim for CS in the case of his child, but refute any claim for the child that is not biologically his...
    How sad :-( being a parent is not something you play with. If you decide to take on children and raise them as your own whether you officially adopt them or not you should stand to your decision. if OP didn't want to be a parent in the first place he shouldn't have taken her on when he separated from her mum.
  • kevin137
    kevin137 Posts: 1,509 Forumite
    edited 11 January 2013 at 10:47AM
    FBaby wrote: »
    How sad :-( being a parent is not something you play with. If you decide to take on children and raise them as your own whether you officially adopt them or not you should stand to your decision. if OP didn't want to be a parent in the first place he shouldn't have taken her on when he separated from her mum.

    And that is sad because he chooses not to pay...???

    So now EVERY father that takes on a new partners children should have to pay after split because they took on someone else's children for a period of the relationship...?

    Many "step fathers" keep contact with children after a break, and they do it for love...!

    What planet are you on when you can call someone sad because they do not agree that this situation does not mean they should pay financially for a child that is clearly NOT theres...! I applaud the man for taking an interest, putting the welfare of the child 1st, and staying in contact...! Which is more than the mother is interested in doing clearly... So now he should pay...?

    In THIS instance, you come across as won of the PWC who would get slated for being money grabbing...! It is far from right this should happen, and you should think about what the implications are for families everywhere as this would set a very very dangerous president should it be allowed to happen as it would mean MEN and i say men as it would be MEN that would end up as a meal ticket to any and every woman out there, who decided to have a relationship split move on have another and get paid from ALL the men she had ever been with...!!! Ridiculous...!!!

    As for not taking on the child... Love has nothing to do with money... Better a loving home than a foster family who get PAID for doing something he was willing to do because of his love... Sets a good example to others he could of just said !!!! off your not my child and i am not paying for you...!!! I'm sure that would be preferential to you with this attitude, more to scream about about how men don't care...
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    You don't get it. OP has taken steps to act as a parent towards this child. He says himself that he expected his ex to pay maintenance and hand over CB (rightly so) so why is it when the child goes back to her mum he suddenly isn't enough if a parent to continue supporting get? Totally different scenario to a step parent who moves on after separation and only sees child casually. OP fought in court for access for this child like a father would do.
  • kevin137
    kevin137 Posts: 1,509 Forumite
    edited 11 January 2013 at 2:54PM
    No it isn't...! There are MANY reasons you might want to fight for contact with a child you had lived with for 5+ years, including the fact that that child has a half brother/sister that you want to ensure maintains a relationship with each other...!!!

    Or would it be better the mother says, NO you are not having contact, upsetting both the children and making one feel more loved than the other...? Cos i am sure that this is exactly the scenario this guy didn't want...!

    Or he cold of been like most other men, and said, NOT MY CHILD why should i care...

    Clearly nothing is ever going to be good enough for you. And that is really sad, cos here is a guy who should be praised and all you can do is belittle him and state that he should PAY CASH for his choices...!!!
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    But it want just contact was out. He decided to keep the daughter with him when mum went away. I think OP did a very admirable thing and he must have cared, most likely loved that child very much to do so, hence finding very sad that he would now decide not to support her any longer. I am guessing there are some hurtful feelings behind his actions but fighting to not have to support her any longer might not be the best way to ease them.
  • kevin137
    kevin137 Posts: 1,509 Forumite
    Who says he is not supporting her, he may well be supporting her in many many ways that are not financial...!

    Why does it always have to be about MONEY...!!!

    The law clearly says that he is not the father, but he can be deemed a guardian by the court, that does not make him financially responsible, so why should an outsider come along and criticise him for now arguing over the money aspect of things...!

    He took on another's child, he went way above and beyond when that mother abandoned her own child, so tell me, what reason on earth could there ever be to PUNISH him for doing something that 99% of people would not even consider...???
  • kevin137
    kevin137 Posts: 1,509 Forumite
    Oh and to top it all off, the so called Mother, is now playing the games that so many PWC do, and causing more hurt and distress to both her daughter and the man who took over her legal responsibilities for what.... Back to the age old when it comes to this...

    MONEY...!

    A useless ex who fathered the child who won't pay, so emotional blackmail and dirty tricks to try and force a better man to pay instead...!!!

    And you wonder why so many are cynical of many PWC... It is examples like this, and the displayed attitude towards this man by some that cause that attitude...
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