CSA took money from me then went on their Christmas Holidays

December 27, 2012

I have an ex who claims I am the father of her child. Last relations were in Nov 08 but child born in Oct 09 (Clever trick) I have now just had £355 Taken as an attachment of earnings without any contact or acknowledge from the CSA. Also I am not on the birth certificate (If I am then I wasn’t present so this is a fraudulent document) nor have I ever agreed of being the father.

I have an agreement with my daughters mother and pay that each month by bank transfer and keep record of this. The CSA have not taken this into account so effectively I have paid out this month £435 for 2 children. Can they do this??? I tried calling them today 20/12/2012 on a number which asked for my NI details and D.O.B and via an automated service and the voice confirmed it was CSA however when the man answered He said this was the wrong number and to call another to which I repeated the same process and was advised they were now closed until Jan 2nd 2013.

Gov Offices get a good xmas break then. So they take £355 off me then cant be bothered to deal with my enquiry. I am no looking to seek legal advice to wether thay can take money without my consent and with out proving I am the father. WHY WHY WHY is it a mother can claim CSA from guys and not have to prove a thing Yet the guy has to fight, spend loads of hard earned cash and wait a decade to get answers and prove they aren’t the father.

Surely its the mother that should prove that they are the father!!!!! Hope that I gave enough detail. Anyway Merry Xmas

Comments

  • wilf says:

    I had a telephone call from a CSA office this morning, so a least one of their office’s is open today.

  • Carol says:

    I take it from your post that you have 2 children, one which you do pay maintenance for and the other pwc going through the CSA?

    In all honesty once the Agency are involved the pwc you are paying direct would probably be best also going through the Agency and that way she will receive payment direct.

    CSA do what they like as you are now aware. My own experience is they abuse their powers with a DEO and implement it without any agreement. You are supposed to receive a copy of the DEO but this is something that the Agency are poor on providing the nrp with.

    Although your name is not on the birth certificate this does not mean anything and the CSA will still chase for payment. Have the CSA been in correspondence at all with you regarding this child?

    You can obtain a copy of your file from Data Protection Unit, CSA Newcastle for a small fee of £10 which will show what they have done, or not, on your file.

    LOdge a formal complaint with the Agency letting them know you want a DNA test to prove the child is yours. If you are not the child’s father then you do not have to pay for the test.

  • chall says:

    Paul,

    How and when did you receive initial contact from the CSA?

    Were you not given the opportunity to deny parentage?

    chall

  • Alice says:

    If you have a second child who is not named in a case with CSA they cannot take this into account then assessing the maintenance for the case that is with them, but they can take this into account when they negotiate collection of any arrears on the case open with them.
    The 2nd child can be named as a QC (qualifying child) in another case and this would mean that your daughter would be factored into the maintenance calculation.

    It would mean that your overall MC would be higher (15% for 1 child, 20% for 2 children) but if you and your daughter’s mother agree for payment to be made direct (specifically state that you wish the case to be Maintenance Direct – or MD) it means that the CSA would only collect and forward half the overall MC to the 2nd PWC

    for example

    Income of £250 and 1 QC – MC is £37.50 – agency collection – the CSA will collect this (and any arrears) and fwd it to the pwc
    Income of £250 and 2 QCs – MC is £50 – CSA collection for case 1, MD for case 2 (your daughter) – CSA will collect £25 and fwd this to the PWC in case 1, you and pwc 2 (your daughter’s mother) will agree a sum of money to be paid directly to her.

    With regards to the paternity of the child that is currently named in the csa case, you should have been contacted at the start of the case – initially the csa attempt 3 telephone calls to the Alledged NRP, if unsuccessful a MEF (maintenance enquiry form) is sent to them along with a covering letter, if this is not returned paternity will be presumed – if paternity is questioned at a later date the NRP will need to apply for a declaration of non-parentage via the courts. If the CSA were successful in contacting you at the start of the case you would have been asked if you accepted paternity of the child – if you denied paternity you would have been offered a DNA test on the basis that if you were proven to be the biological parent of the child you would be charged for the test and would be liable for CM, if you were proven not to be the biological parent of the child there would be no charge for the test and no CM would be payable.

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