The CSA is ludicrous in its assessments

Sickandtired

Can anyone out there help??

To cut a long story short, my husband met a women in 1988 and had a short fling. She then got married, had 2 kids but got back in touch with him in 1997 and they had a very brief fling. She then said her third child was his - mmm doubtful as I understand she was messing with several men.

We met in 1998, and got married in 2002. During this time the woman tried to contact my husband continually to see him (not to ask for money) which culiminated in numerous abusive and jeaslous calls to me in and him approx 6 weeks after our wedding during which she tried to blackmail my husband.

We moved house in 2003, but meanwhile she had contacted the CSA who wrote to the worng address in Oct of that year. No further contact til Oct 2006 when my husband received a call from the CSA asking if he was the father, to which he said no and was assuered that as he was not on the birth cert there would be no further action.

Wrong. No further contact until a letter in Jan 08 with an attachment to earnings including arrears to 2003.

The CSA have said that they sent numerous letters to my husband which he hasn't received and have therefore assumed parentage.

We have engaged a solicitor, our MP and a Child Support Advice agency to help. So far, the CSA has not budged, the Agency has requested the Data Protection file but they have not responded within the 40 days and the Solicitor has spoken to the woman who refuses a DNA test. I think our only option now is to go the Magistrates Court for a Declaration of Non Parentage but in the mantime the CSA will not suspend payments so we have to pay.

Can anyone help?? Is this the right course of action and is there anything else that we can do???

Sensemaya

This is very complicated and I have to go off here now due to other committments.Probably back on later this evening.

Kelloggs and other people will be along later.

In the meantime have you had a look at the CSA website? Is the solicitor you have been using a specialist in CSA law?

kelloggs36

I would push this with your solicitor to apply to the courts for a declaration of non-parentage as the PWC will not comply. If the NRP has failed to respond to letters sent, then the CSA are within their rights to assume parentage - the time for a DNA test arranged through the CSA has passed.

Loopy_Girl

That's not very fair is it?

In my opinion it should be up to the mother to prove who the father is, not the father to prove he is not.

Whilst I know about it going to assumed parentage as he didn't respond to letters, as soon as she refuses a DNA test then all bets should be off. And then if parentage is not proved, god knows how long it will take to get any money back he has paid.

It's all wrong - you can't have women going round accusing men of being Dad's and then refusing a DNA. Why should it be that if the man refuses it is assumed parentage? Surely if the woman refuses then it should non assume parentage and then back to the drawing board.

Sickandtired

The solictor is a family law expert - my husband has just spoken to him and is seeing him next week to fill out the forms for court.

Re letters from the CSA - my husband has never received anything from them. In effect he has been denied the right to deny parentage and take a DNA test via the CSA. All the CSA are saying is that they sent the letters but will not say when and to what address.

Loopy_Girl

Just curious though why, now hubby is back on the scene, SHE is now refusing a test....all smells a bit fishy to me quite frankly.

BARGAINHUNTER!

Sickandtired wrote: »

The solictor is a family law expert - my husband has just spoken to him and is seeing him next week to fill out the forms for court.

Re letters from the CSA - my husband has never received anything from them. In effect he has been denied the right to deny parentage and take a DNA test via the CSA. All the CSA are saying is that they sent the letters but will not say when and to what address.

Perhaps your solicitor can arrange to get copies of them? Then you can find out what address they went to and when. If they went to the wrong address you may have a case, but if they went to the correct address I cannot see how you can argue that you didn't receive them, one or two maybe but im sure the CSA would have sent more than that.

Has your husband had any contact with the child that is supposed to be his? The only way to prove parentage is via a DNA test and IMHO if the mother refuses this, then I don't think you should have to pay.

Sickandtired

Also forgot to say that the CSA are taking arrears at 40% of my husband's income.... oh joy the hardship that causes is amazing...not.

They have mentioned the woman's human rights. But what about ours???

Also, in my humble opinion as soon as the PWC refuses a DNA regardless of timescales then that casts reasonable doubt as to her credibility.

Sickandtired

The woman's husband in on the scene as far as the electoral records show. One of our advisors has said that he may be complicit in extracting the money. She told him in a drunken row in 2002 that he may not be the father which prompted 2 weeks of malicious phone calls to my old house (not sure how she got the number as ex directory) from both her and him. Both alternately drunk and very abusive.

Loopy_Girl

Sickandtired wrote: »

Also, in my humble opinion as soon as the PWC refuses a DNA regardless of timescales then that casts reasonable doubt as to her credibility.

I agree :T the man refuses and he is immediately assumed to be the parent. The woman refuses and the man has to go to court to clear his name so to speak. It's all wrong wrong wrong:rolleyes:

Sickandtired

My husband is more than happy to take the DNA test. Has never and will not refuse that's the sick thing. He gets penalised and she gets cash. Sorry I'm very cynicala about all this. Unfortunately women are not always in the right even when there are kids involved. Men can be right too and proved right.