DNA test proved I am not the father, CSA refuses to give my money back

December 9, 2011

In 2001 i was contacted by the CSA to inform me that I was the father of a child approx 1 year of age. I knew the mother as we had a brief relationship when I lived near her. The child was born and I worked out the dates and had a fair conclusion that I was the father so I started to pay maintenance. The CSA didnt really give me a chance to have a DNA test.

Fast forward a number of years and after I made contact with the mother of the child she stared saying things that raised doubt in my mind and then my fiancee started to look at pictures of the child and said I should ask for a DNA test. this I did and we completed 1 through a private agency, the results were that there was a 0% chance I was the father. The CSA wouldnt accept this so I had to do another this again showed I was not the biological father. The CSA gave me £390 back payments, this I had to then give to my ex-partner for my Daughter.

Since January 2011 I have been fighting the CSA for all the money from 2001 to be given back to me, this amounts to nearly £16000. to date I have written letters to 2 MP’s, the CSA and the Independent case examiner all of whom have said no you cant have any more money. I have no chance of claiming this money from the woman who bough the claim to the CSA.

So now what do I do…… the CSA/government is quick enough to take money from me but why cant money that I paid in good faith to a liar not be given back to me……

Comments

21 Responses to “DNA test proved I am not the father, CSA refuses to give my money back”

  1. Baz on December 9th, 2011 1:25 pm

    That agency I’m sure makes the rules up as they go along ,what reason do they give for not giving you back your money?
    How can they dispute dna?

  2. John on December 9th, 2011 2:45 pm

    If you had no legal obligation in the first instance to financially support a child that is not yours, then the CSA have obtained money by deception.

    You have a rock solid case to get your money back through the courts. make sure that the CSA pay the cost of the case and do not trust your M.P., the ICE or others alined to the CSA. They are all as thick as theives and in it together!

    Go to a solicitor!

  3. marie thomas on December 14th, 2011 11:14 am

    please can someone help me and tell me if this right my sons csa case was open a few years back when the law stated that people on benifits were only to recieve 10pound of csa on top of there benifits so i asumed that this is what would happen any way i satarted recieving large amounts of arrears from them which i thought was what was owed to me by his dad a few years later a recieved a letter saying that i owe back £1,400 cause the secertary of state says i owe it back first of all i had no control how much they pay to me and secondly why are they taking money back off my kids cause they are saying they over payed me on income support aswell but now the law has changed and says that people on benifits can recieve all the money from csa aswell as there benifits so why are they still asking me to pay back £741 when the the new law is now in place and the old one dont exsist i can help but feel my kids are being victims of wrong doings this is also the same for my daughters case they told me i owed back £800 this is sick so in total they have took £2,200 from them.

  4. Dawn page on December 18th, 2011 4:02 pm

    the c.s.a is a shambollick organisation, foe example i had two children with my ex husband and he hasnt paid one single penny towards there maintenance. this uesless organisation in my view have done next to nothing to retrieve any money. I ALSO BELIEVE THAT IN ANY CHILD CASE AND THE DISPUTE OVER FATERHOOD A DNA TEST SHOULD BE LAW AND DONE AT A HOSPITAL BEFORE ANY CLAIM OF MAINTENACE THIS WILL CUT DOWN THE AMOUNT OF PEOPLE BEING WRONGLY PURSUED…

  5. samtheman on December 20th, 2011 5:28 pm

    Go to the papers with this one. It is a great ‘news’ story and will shame the idiots at the CSA. Tell as many people you can about their underhand tactics, draconian enforcement measures and how they made your life a misery. They are unfit for purpose…..get on to the newsdesks.

  6. Max Kuckucksvater on December 29th, 2011 8:36 pm

    I am from Germany. In the beginning of 2011 I found out, that my children is not my children. Since then i started my blog in German Language obout this theme, for to bring a change in this world. For more human rights for men and children.
    To falsify a childrens identity is a crime and should be treated even like this. We want to publish our blog even in english. So, if you want to help us, please get in contact with us.

    http://www.kuckucksvater.wordpress.com

    [email protected]

  7. Sally on January 3rd, 2012 4:15 pm

    My partner recently disputed paternity and we had to issue Court proceedings to finally get the mother of the child to take a DNA test. Once it proved my partner was not the child’s father, he received a letter last week saying he was entitled to all monies back that he had paid for this child since 2005 and he would be receiving a cheque for the backdated payments shortly.

    My advice is fight it or, as someone else suggested, go to the papers – we were going to if we didn’t get the money back, but luckily it didnt come to that.

  8. Jenny Francis on January 3rd, 2012 9:01 pm

    Actually, you’re not entitled to anything. You accepted parentage at the time of case opening when you could have done a DNA test then, either through CSA or privately, depending on circumstances. You willingly paid child maintenance all this time, why on earth should you get it back?

    Another point that so many of you people just don’t seem to get is that the CSA don’t “take” your money and just keep it – the whole lot gets paid out to the PWC. The CSA can’t pay money out to PWCs if the NRP doesn’t pay up first and, likewise, they don’t just have a bank account full of money ready to just pay out to people who decide they’re entitled to it. If you want the money back, you’ll have to take it up with the PWC as she’s the one who took the money from you. If you agree that you are the father and pay maintenance, how is it the CSAs fault if it suddenly turns out you’re not the father? If you take this sort of thing to the papers, the only people you’ll get sympathy from are all the other people who place blame on the CSA for something that’s their own fault or the fault of someone else. Don’t get me wrong, I know the CSA mess up regularly but not EVERYTHING people talk about on here is the result of a CSA mistake.

  9. John on January 4th, 2012 9:07 am

    Living with somebody who has a child, does not necessarily mean that you have accepted parentage, and if that child is not part of your bloodline then it is not yours and you have no financial responsibility for the child. The REAL parents do!

    £3.5 billion remains uncollected, and can anybody please explain how the CSA can simply write off £300 million pounds of uncollected maintenance (as per telegraph article dec 11)? It is discrimination! People under-paying, people over-paying and people not paying at all!

    There is also a 3 tier system, where all those involved in this shambles are paying at different levels. That is discrimination, and breaches Human Rights legislation!

    I have been the victim of this shambles for 12 years. As a PWC and an NRP! Over that time the CSA have made over 25 errors with my case 7 of them serious. The latest of which dumped £6,400 worth of debt onto me because of THEIR mistakes. My case went all the way to the Ombudsman supported by my M.P., but as soon as they all (M.P. Ombudsman, ICE and CSA) realised that it may cost them mega bucks in compensation, they all closed ranks and denied any wrong doing!

    The system is a shambles and the staff totally incompetent.

  10. Carrie on January 4th, 2012 2:34 pm

    my other half has paid 3 yrs now for his son he doesnt see, he not on the birth certificate, and hes not sure if hes is. CSA take money from his wages every week and they not recess this claim over 3 yrs and they wont do anything. quick enough to get the money by calling his employer but wont sort anything else ouot for u.
    we are now going to see a solicitor and go to court.
    they are ignarant and incompitant please at the CSA.

  11. WB on January 15th, 2012 6:43 pm

    Unfortunately because you accepted paternity of the child at the beginning of your case, you can only receive a refund of any payments made after the paternity dispute was raised. This is written into current legislation, and as a result the CSA, your MP, a solicitor, a court or even going to the press will not change this.

  12. chall on January 16th, 2012 9:51 pm

    The CSA will refund any child maintenance payments made after the date that parentage was denied
    The CSA doesn’t have to pay back any child maintenance that was paid before the person denied they are the parent of the child.
    All decisions about refunds are made at the discretion of the CSA and depend on the circumstances of each case.

    chall ~ afairercsaforall

  13. brian on January 17th, 2012 6:26 pm

    This is criminal and how do they get away with. We need to get media on to this why are the main stream not making this headlines.

    Any comms with CSA send a letter NOT phone, copy said letter to your local MP everytime! Imagine if every MP receives copies of letters sent to CSA regarding issues, problems.

    The post TRUCK delivery will make them act!!!!

  14. chall on January 17th, 2012 10:51 pm

    brian,

    They get away with it because the agency are acting within the legislation that the Government voted on and passed.

    chall ~ afairercsaforall

  15. adrian on January 18th, 2012 9:58 am

    I have to take serious issue with Jenny Francis January 3rd, 2012 9:01 pm. Firstly she uses jargon such as PWC and NRP. I can only assume that PWC is parent with child. I do not know what NRP stands for. Perhaps Non responsible? parent
    It is clear that Jenny has not been on the receiving end of the utter incompetence of the CSA. Originally set up to “Make absent fathers financially responsible for the children that they father”. It was never set up to be equitable, but to save the tax payer money by compensating the state for the benefits paid to mothers. It never financially supported children. To bang on about and I quote “You willingly paid child maintenance all this time”, clearly shows how little she understands the process. When one is threatened with having ones driving licence taken away, imprisonment and other draconian punishments, can for many I am sure be frightening and worrying. This has clearly been demonstrated in past by fathers committing suicide. The PWC did not take the money from him, the CSA deemed him responsible for the payments, took the money and then paid them to the mother. Are we now to suggest that the mother should have sufficient legal training to understand the CSA legislation. Not everyone has the ability or the understanding to challenge what they are accused of that is why we have solicitors and barristers. Unfortunately not one of those learned gentlemen with regards to the CSA are available through legal aid, no matter how wrong the accusation may be. As for resolving the issue of paternity, it should be mandatory for a DNA test to be taken. This can be wavered by the father if he chooses. If he does no take that option and the child is proved to be his then he should pay for the test as well as any other payments he may be liable for.
    I agree that parents should be financially and emotionally responsible for the children they sire, however many fathers have the choice of being the parent with child option taken away from them , they do not abandon their children, their access is limited by the courts and the resident mother.

  16. Max Kuckucksvater on March 26th, 2012 3:46 am

    Hi, I started a blog for fathers and children of paternity fraud. The blog is a community where they can find each other, post their names openly or anonymously, and/or post their own personal stories. the first story was posted by a woman, who found 40 years later that the man she knew as her father, was not her true, biological father.

  17. Matt on October 12th, 2012 6:05 pm

    I too am in the same boat.

    I was misled by a woman into believing a child was mine and in fear of the threats made by the CSA to take me to court etc I filled in the form.

    Fast forward 10 years and prior to organising a Will I request a DNA test to make sure the child is mine. The CSA refuse to sanction the test.

    Due to the crippling payments (old scheme) I spend 8 months saving up for the private test and eventually find out I am not the Dad.

    I’ve spent pver £1,000 in legal fees, 10 months of my life, and several requests for support from MP’s and have been refunded 10% of the £36,000 the CSA have taken from me – supposedly they are only obligated to refund back to the point where paternity was disputed!

    So, it’s perfectly acceptable in the eyes of the Government for a woman to commit fraud and use a Government agency to collect this money, and they won’t refund this money!

    It’s an absolute scandal.

    Currently going the ICE route and looking to see if I can get press and media involvement to highlight this fraud.

  18. Alice on October 12th, 2012 10:55 pm

    When a case is brought to the csa by a parent with care (PWC) the agency will contact the Alledged Non Resident Parent (ANRP) – if they are successful in contacting the NRP by phone they will advise that they have been named as the father/mother (there are cases where the PWC is the father and the NRP is the alledged mother and the mother denies she is the boilogical parent) of a child/children by the PWC the name(s) of the child/children will be quoted along with the Date(s) of Birth of the child/children. The ANRP will be asked if they accept paternity of the child/children,
    If the Alledged Non Resident Parent (ANRP) states that they do not consider themselves to be the biological parent of the child/children they will be offered a DNA test and informed that if the DNA proves them to be the biological parent then they will be named as the Non Resident Parent (NRP) and will be held liable for the cost of the DNA test and also be assessed for a child maintenance liability. If they are proved not to be the biological parent they will not be charged for the test and the case will be closed with no liability.

    If the CSA are not successful in contacting the ANPR by phone they will send a Maintenance Enquiry Form (MAF) to the ANRP with a covering letter naming the PWC, child/children and their DOB(s), the letter will also state a return by date and advise that if the MAF is not received back by this date then the CSA have the right, by law, to presume parentage and the ANRP will be considered to be the NRP and a maintenance assessment will be calculated.

    If the ANRP accepts parentage at the start of a case, or it is presumed because they fail to return the MAF and at a later date they decide that there is doubt over paternity of the child/children then it is their responsibility to provide the CSA with a declaration of non-parentage – this has to be applied for though the courts and will require a DNA test from a DNA testing center recognised by the court (they will not accept a postal ‘spit on a stick’ type of DNA test bought on the internet).

    If a person has accepted parentage of a child or children at the start of a case with the CSA then the CSA are not collecting money by deception and as such are under no obligation to repay any money paid up to the time that person questions the parentage of said child/children. The CSA do not gain from the money collected, this is paid out to the PWC in full and to pay back money collected in good faith over the years until someone decides that actually in hindsight they might not be the father of the child/children they accepted to be theirs when asked would cost the tax payer thousands unless they could recoup the money from the PWC and this would in most cases cause severe financial hardship to the PWC and in so doing would compromise the welfare of the children in her care.

  19. j on October 12th, 2012 10:57 pm

    “Matt on October 12th
    Currently going the ICE route and looking to see if I can get press and media involvement to highlight this fraud.”

    The csa are a part of the DWP, the ICE is also a part of the DWP. From my own experience, and posts I’ve read, the ICE is not very ‘independent’ and seems to exist to provide a ‘buffer’ for the apalling mistakes the csa makes.

    Was speaking to a barrister today who stated that it has nothing to do with ‘justice’, its set up to collect money (apparantly for the secretary of state judging by the posts on here) and gets away with its ‘scams’ (my words) because of the way the rules have been written. Any politician that approves of the csa should be very aware of how their names will be remembered in history, personally I would rather have leprosy.

  20. chall on October 13th, 2012 8:32 am

    Quote Alice; ‘Maintenance Enquiry Form (MAF)’

    Maintenance Assessment Form (MAF)
    Maintenance Enquiry Form (MEF)

  21. Matt on October 15th, 2012 5:56 pm

    J,

    That’s pretty much what my solicitor is saying too.

    He said that the latest case he took to court the Government used someone known as the ‘Treasury Devil’ to fight the case on behalf of the Government and that it would potentially cost me significantly more than what I am looking to recover in costs if I lost – which is what they know / are counting on.

    My MP has been pretty much useless and I’m almost at the point now of saying unless something is done I will go to the press at the most inopportune time for him ie the next election and do my absolute best to make sure he isn’t re-elected.

    Absolute scandal that a Government agency can assist someone to obtain money by deception.

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