Possible negative paternity test....claiming back CSA

in Child Support
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pixiemerpixiemer Forumite
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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

Replies

  • ZaSa1418ZaSa1418 Forumite
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    If the child is his then yes he should try and make an effort to have a relationship with his son but he will have to tread carefully.
    If the child isn't his then unless he takes her to small claims court then i don't think he will get any money back, as he admitted parentage at the start by not requesting DNA test back then the CSA won't try and help him get money back.
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  • omega85omega85 Forumite
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    I would not be so sure about that. Not sure whether DNA test was an option 11 years ago, or it was offered as part of the process in the beginning. Other than that he can also state that he was kind of enforced by CMS to pay, or he was misled by them, or he was simply too young to understand and refuse their order. He will likely seek legal advice and CMS would not be too important in the story. They would likely lift their hands and sit back since they are just in the middle of you two. I suppose you would be the defendant in the case who has been accepting financial support from him by mistake. This is one side of the story, the other is paying the money back according to certain terms which would be extremely difficult to decide by the judge and it would certainly take several years or forever. 
  • Ms_ChocaholicMs_Chocaholic Forumite
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    What do you think the chances of the paternity test coming back as negative is - are you jumping the gun? Wait for the test then decide what to do, it could be positive.
    Thrifty Till 50 Then Spend Till the End
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  • EmmiaEmmia Forumite
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    And what if the mother is unable to repay the money?

    Is your OH willing to potentially bankrupt someone over something they've not previously contested (DNA parentage tests have been available for many years), or would they be satisfied to not be liable for ongoing support?
  • edited 30 December 2021 at 5:33PM
    elsienelsien Forumite
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    edited 30 December 2021 at 5:33PM
    omega85 said:
    I would not be so sure about that. Not sure whether DNA test was an option 11 years ago, or it was offered as part of the process in the beginning. Other than that he can also state that he was kind of enforced by CMS to pay, or he was misled by them, or he was simply too young to understand and refuse their order. He will likely seek legal advice and CMS would not be too important in the story. They would likely lift their hands and sit back since they are just in the middle of you two. I suppose you would be the defendant in the case who has been accepting financial support from him by mistake. This is one side of the story, the other is paying the money back according to certain terms which would be extremely difficult to decide by the judge and it would certainly take several years or forever. 
    What are you talking about? This makes very little sense at all. 
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    Pedant alert - it's could have, not could of.
  • MattMattMattUKMattMattMattUK Forumite
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    sheramber said:
    That precludes the government taking action automatically, I am not sure is means civil action would not be possible though. 
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