The CSA is ludicrous in its assessments

kelloggs36

You have the right to know what information the CSA hold on you - including addresses they sent forms to. Make a complaint about the fact they are refusing and speak to an HEO or above about it.

Sensemaya

This woman is absolutely obnoxious.

There should a record on the electoral roll which shows the address you were residing at.

It seems very strange on the CSA's part that they say they sent numerous letters to the wrong address, but amazingly sent the DEO to the right address.

Sounds like the woman is hiding behind the presumed parentage thinking it is cut and dry and she can continue to fleece you.

Like all the other people on here have said, the only way this can be sorted out is that the woman is forced to have an DNA test.

I would also contact the CSA because there is no legislation that states they have to take 40% of the arrears.

I hope you manage to work this out because, if your hubs is not the father, you will be able to claim all the money back plus interest and then have her done for fraud.

http://www.csa.gov.uk/en/about/faq/disputed-parentage.asp

http://csa.gov.uk.master.com/texis/master/search/mysite.html?q=presumed+parentage&order=r&cmd=context&id=106062bad45c6098#hit1

"[FONT=Arial,Helvetica]Or, the person named as the parent of a child can apply direct to a court at any time to prove they are not the child's parent."

Looks like this is the way to go.
[/FONT]

jthomsk

Hi, just had to reply when I seen your dilemma. My partner is having same problems though different initial circumstances. They're taking her word about everything even though she has never been faithful and not even named on one of the birth certificates!!

She also is refusing DNA. We have to prove he's not the father and yes, still paying maintenance.

I didn't notice the date of the thread. What stage are you at now??

Loopy_Girl

Why is this happening??? When I took a DNA (no, I'm not a trollop but my delightful ex used this as a stalling technique) then I was told if I didn't agree then they couldn't pursue him for maintenance - what has changed in 7 years????

Sensemaya

How about this then?

I have two cases with the CSA.
First case - S/E NRP- after several delaying tactics spanning a few years denied paternity, but he refused to take DNA test. NRP's name on birth certificate.
I had to go to the Magistrates to state he was the father.
At this time presumed parentage had not become legislation.

Second case- My youngest was conceived within the marriage, NRP's name on birth certificate. Again, he was copying NRP 1 and messing about with the delaying tactics.
Because he was not paying any maintenance whatsoever, I closed this case to migrate on to CS2.He then denied paternity when he ran out of delaying tactics. This included job hopping.

Presumed parentage was now part of the legislation.

Did the CSA allow presumed parentage in my case? No, they did not. Please remember we were married when I conceived, his name was on the birth certificate and he did not deny parentage when I first submitted claim.

He came up with all this wild stories backed up by his family,one of which included that I was having it off with men when he was at work He also tried to involve my brother in this to cause ruptions in my family.

I was interrogated by the CSA. This included questions like where did you meet, were you having sex with other men within three months of having conceived and so on. I was absolutely fuming.

I was told the same as Loopy Girl. No DNA test, no maintenance.

I volunteered immediately to have the DNA test. It came back positive.

Therefore he had to meet the cost of the test, had accrued arrears, met his second wife and within 3-4 years had 3 children with her. Job hopping had to stop! DEO put in place and it has been in place ever since.

He also wants nothing to do with our child.

So why the CSA are presuming parentage in cases like yours beats me.

I then took my case to the Parliamentary Ombudsman, won and received compo plus advanced payment including interest. That made me feel a bit better!

Sickandtired

jthomsk wrote: »

Hi, just had to reply when I seen your dilemma. My partner is having same problems though different initial circumstances. They're taking her word about everything even though she has never been faithful and not even named on one of the birth certificates!!

She also is refusing DNA. We have to prove he's not the father and yes, still paying maintenance.

I didn't notice the date of the thread. What stage are you at now??

Hi there

The stage we are at now is filling in forms to go to the Magistrates Court to try to obtain a declaration of non parentage based on the fact that the woman is refusing a DNA. Our solicitor is sorting this out and has advised that it will take at least 6 weeks from submitting the request for the case to come to court. The woman will be advised by the court that this is the action being taken and will presumably have the opportunity to change her mind about taking the DNA test while we are waiting to go to court. Meanwhile we still have to pay 40% of my husband's salary to clear "arrears" before CMEC becomed operational. (This is what mt husband was told by the case worked who has since stopped working for the CSA).

We have another advisor who used to work in the CSA who is requesting the Data Provetection file from them do that we can understand when and where letters were sent to my husband in an attempt to prove that the CSA has not followed correct procedures when dealing with this case. They have already breached the 40 day time period to reply to this request.

Have to go now but I would love to know more about how you are getting on...

jacklink

contact https://www.nacsa.co.uk

kelloggs36

Sensemaya - the CSA certainly SHOULD have presumed parentage in your case! I have a feeling it may have been because it was new and they didn't want to use their powers - same old story really!!

jthomsk

Hey, hows things????

We had spoken to a MSP who has referred us to an MP. She can't understand why he was made to pay in the first place esp as he's not named as the father for the youngest. She is looking into the case so we're waiting to hear back. That was only last week. Were holding off on the decree of non parentage until we hear back from her. Hoping to save some money.

We had also complained to the complaints resolution team of the CSA. HAvn't heard anything yet. Not sure if we will with the MP being involved. Fingers crossed

Sounds terrible talking like this when there's kids involved. Some mothers just make me angry. She's now married, refusing DNA and stopped access a long time ago.:mad:

xx

LouLee2008

i totally agree with you here, we have proved my Oh is not the father of his exs baby, but the csa say its not a dna test they recognise, and now we have to wait for her to send the letter in which she is dening recieving, while he gets 40% taken out of his wages, it is so stupid,