Question about child maintenance/parentage dispute

misjk

My husband is the paying parent for a child he unfortunately doesn’t see. The child is almost 7.
We have only recently been in a position to afford a DNA test and so we started that process. The mother was reluctant originally because of her son having additional needs I believe and therefore concerned about it causing him distress (understandable) but she did agree. My husband went and provided his sample a couple of weeks ago.

My husband just called for an update as we hadn’t heard anything and they said it was very unusual but they are unable to continue with the DNA test due to the child’s condition/circumstances but due to data protection, the case worker wasn’t able to provide any details and advised us to seek legal advice. 

We're incredibly overwhelmed with where we go from here and are terrified of the costs of taking this to court as well as the psychological impact. 

My husband is not on the birth certificate and we are not sure why he was deemed as assumed parent as he doesn't meet any of the other government criteria. 

Child maintenance told us to keep paying for now but I'm worried about all the costs going forward (we also have our second child on the way so money is stretched).

If the child isn't my husband's, what is the likelihood he would be able to claim some of his payments back? 

TripleH

I would personally push for the test and argue that if your husband is the father then why is he being blocked by data protection?

If your husband isn't the father, you can claim, but whether you receive is a different matter.

TBagpuss

He would only be able to claim money back, as I understand it, if he was willing to take his ex to court and if the court were to accept that she had knowingly lied about his being the father. If she had a genuine (but mistaken) belief then she hasn't deliberately obtained money under false presences so I don't think he would be able to claw anything back.

My understanding is that he can tell CMS that he does not believe he is the father. normally, he would then stop paying while the issue was resolved (but should put the money to one side as if he were to be found to be the father he would have to repay the arrears. I think in some circumstances he might be able to claim back anything he paid from the date he said he was not the father.

Was the DNA test done via the CMS or privately?  Most DNA tests are done using a cheek swab, so if the child has special needs it may be that they were unable to swab and caused too much distress . I believe that it is possible to do a DNA test using a hair sample, your husband could talk to the lab about that. I am not aware of any reasons why a DNA test would not be possible due to a child's condition.

If he isn't on the borth certificate he won't have PR for the child so won't be entitled to information about the child. However, if he were to stop payment n the basis that he believes that he is not the child 's father and on the basis that while he has  provided samples for a DNA test to prove or disprove paternity, the mother has not provided the child's samples, that may be enough for a court to find on balance of probabilities that he is not the father and/or for the  CMS to accept that the presumption should be that he is not. 

I'd usggest looking for a solicitor who specializes in CMS cases, it is a niche area so a general family solicitor may not be able t o assist. 

DON'T rely on advice from the CMS. Their staff are often not very knowledgeable about the law and their role is not to help you 
I'd suggest that your hisband puts in writing that, as stated on [date he first tols them] he does not beleive tha t he is the father, that as he does not meet any of the criteria 

• you were married to, or the civil partner of, the child’s mother at any time between the conception and birth of the child (unless the child is adopted)
• you’re named on the child’s birth certificate (unless the child is adopted)
• a DNA test shows you’re the parent
• you legally adopted the child
• you’re named in a court order as the parent when the child was born to a surrogate mother

which would result in a presumption of paternity, and that while he had provided samples to allow DNA testing, this has not been completed and he has not been provided with any explanation as to why not, and as such, he believes that the presumption is  that he is not the father and therfore he will not be making any further payments andrequests that the payments made sine the date he first raised this are refunded.

(then, cancel any DD and put the money he's currently paying to one side and continuing pautting the sameamount asise each month so he can pay arrears if necessary. 

He can also apply to the court for a declaration of parentage - https://www.gov.uk/government/publications/form-c63-application-for-declaration-of-parentage-under-section-55a-of-the-family-law-act-1986 this can be for a declaration that he is NOT the father as well as for one seeking confirmation that he is. 

MalMonroe

Hi, this is what the government says about disagreements in respect of parentage - 

https://www.gov.uk/child-maintenance-service/disagreements-about-parentage#:~:text

Your husband or you could phone Citizens Advice to see if they can help -

https://www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/

And there's some info from Citizens Advice if you need reasonably priced legal help -

https://www.citizensadvice.org.uk/law-and-courts/legal-system/finding-free-or-affordable-legal-help/

You might also be interested in the information in the following link from five months ago, about a man who actually WAS named on a child's birth certificate but who was found NOT to be the father. And received a large refund. 

https://www.ombudsman.org.uk/news-and-blog/news/man-gets-back-more-ps85k-wrongly-paid-child-support

If your husband has no joy at all with CMS, who really should be trying to help him, he could possibly also turn to the Parliamentary Health Service Ombudsman. 

I hope some of this is helpful. All the very best to you.

tightauldgit

In general I find CMS just advise people to keep paying because its the easiest thing for them to do. In this case I struggle to see how any maintenance order could be imposed on someone who disputes parentage and has asked for/provided DNA tests and yet the system is refusing to move forward. In this case I think I would stop paying, but as suggested keep the money to one side in case it was needed. Let the mother/state prove their case that their is an obligation to pay. 

HillStreetBlues

tightauldgit said:

In general I find CMS just advise people to keep paying because its the easiest thing for them to do. In this case I struggle to see how any maintenance order could be imposed on someone who disputes parentage and has asked for/provided DNA tests and yet the system is refusing to move forward. In this case I think I would stop paying, but as suggested keep the money to one side in case it was needed. Let the mother/state prove their case that their is an obligation to pay. 

Totally agree.

Stateofart

Stop paying until the DNA test is complete.