Claiming CSA back.

Justthe5ofus

Hello,

To cut a long story short. I had a one night stand almost 5 years ago. The mother applied for CSA, I denied parentage and was offered a DNA test. Now for the tricky part, I'm in the military and was based in Germany at the time but CSA were contacting me through my mothers address in Scotland. That's not really the problem because it would have been easy for my to have the package sent over etc. However, I was on exercise with the army for 6 weeks in the Czech Republc and therefore had no outside contact with anyone but my colleagues. Anyway, this led CSA to demanding I pay maintenance because I refused to perform a DNA test. I have proof that I wasn't I'm the country and had no way of knowing about the test until it was too late etc. I argued back and forth for about 4 years with CSA until they finally agreed to ask the Mother for a repeat DNA test. This is where it gets interesting. She refused!!! This only tells me she has something to hide. Anyway they gave her two chances and she completely ignored them to the case has been stopped completely and I no longer have to pay a penny (unless of course she applied again, and the DNA was to be proved).

Anyway, I'm stuck between a rock and a hard place because while CSA agree I shouldn't be paying maintenance, they refused to give me my money back (£10,500) on the grounds that the paternity hasn't been disproven. But with a mother like that I will never be in a position where it could legally be disproven because she will never agree.

I've always disputed the paternity and the military has finally backed me up proving I was no where near the country so CSA have agreed this should have been offered again when I was back in the country had they listened to me 4 years ago. While I got the outcome I was seeking, I'm still a lot of money out of pocket for child that I'm 100% sure isn't mine.

I've spoken to citizens advice and they have advised me to apply to the court for a deferral of parentage and that such an order would force CSA to part with my money.

Here is my problem how do I go about applying for that? I can't seem to find advice anywhere without paying a lawyer my annual wage!

Thanks

DUTR

Justthe5ofus wrote: »

Hello,

To cut a long story short. I had a one night stand almost 5 years ago. The mother applied for CSA, I denied parentage and was offered a DNA test. (snip) CSA were contacting me through my mothers address in Scotland.(snip) Anyway, this led CSA to demanding I pay maintenance because I refused to perform a DNA test. I have proof that I wasn't I'm the country and had no way of knowing about the test until it was too late etc. I argued back and forth for about 4 years with CSA until they finally agreed to ask the Mother for a repeat DNA test. (snip) She refused!!!(snip) Anyway they gave her two chances and she completely ignored them to the case has been stopped completely and I no longer have to pay a penny (unless of course she applied again, and the DNA was to be proved).

Anyway, I'm stuck between a rock and a hard place because while CSA agree I shouldn't be paying maintenance, they refused to give me my money back (£10,500) on the grounds that the paternity hasn't been disproven.

I've always disputed the paternity and the military has finally backed me up proving I was no where near the country so CSA have agreed this should have been offered again when I was back in the country had they listened to me 4 years ago. While I got the outcome I was seeking, I'm still a lot of money out of pocket for child that I'm 100% sure isn't mine.

I've spoken to citizens advice and they have advised me to apply to the court for a deferral of parentage and that such an order would force CSA to part with my money.

Here is my problem how do I go about applying for that? I can't seem to find advice anywhere without paying a lawyer my annual wage!

Thanks

Most of the drama snipped out, ask the CAB how to go about that, however you maybe best just writing off the previous paid support.
Next time you have a 1 nighter, don't give her too much info about yourself and better still bag it before you insert it.

iluvfreebies

a declaration of parentage is what you need to apply for. A judge can force the childs mother to undergo testing to disprove parentage. CAB would be able to help with applying for this if you don't have access to a solicitor to help.

FBaby

Are you really 100% certain though? Because let's assume that somehow you are the biological father and that's why she applied for csa, but in the meantime, she's met someone else who is taking financial responsibility, and she is happy to have it act as the father.

If you take her to court, and she proves you are the father, she might then decide in a revengeful way to apply for CSA anyway and then it will be much more than you will have to pay for the next 15 years.

Maybe you can just accept to move on unless of course, you are 100% certain (but if you had intercourse with her, I'm not sure how you can be even with protection).