Possible negative paternity test....claiming back CSA

JJWSJS8700

pixiemer said:

Hello. I'm just looking for any advice if anyone has any. Long story short my OH has put in for paternity test with the CSA for his 11 year old. He never did the test at the time of the child being born because he was very young and just believed what he was told.after the one night stand. He never questioned it even though he was never in a relationship with the woman and she was 40+ at the time (I'm not saying she's lying but we know it's hard to get pregnant the older you are).

Anyway, now that we're looking at a family he's decided to get paternity test. He bowed out of the child's life when the child was still a baby due to her fella making.it very hard for him however he's always paid his maintenance via CSA. 

He's saying if the test is negative then he is owed all the money he's paid her. What I'm wondering is what is a likelihood of him being able to get that back. I know he will be able to claim back any payments made since he brought up the dispute but will he be able to claim back all 11 years of maintenance? Does anybody have any lawyers or solicitors they can recommend for if it goes that way.

And if it is positive with the mother's blessing (and the child's go ahead as he's old enough to choose) I am going to try and encourage him to finally have a relationship with his son as the partner has now aged and I would like to think his behaviour has mellowed from back when he was making it hard for my OH to have the relationship

Thank you

Presumed parentage:

DNA’s through CSA now CMS been out  at least 20yrs.

She thought it was his, he didn’t dispute. There’s no payback whether the son is or isn’t his.

Have you had the results because she doesn’t have to take a test if she does not wish to help.

macman

Am I missing something, or is the discussion about fertility post-40 completely irrelevant? No one disputes declining female fertility after 40, but clearly someone got her pregnant, unless it was the tooth fairy. So it could just as likely be the OH as anyone else. A simple DNA test will determine yes or no.

Ms_Chocaholic

Any update on the DNA test?