Can the CSA take the word of my ex that I haven’t paid?

January 8, 2013

Basically the PWC has gone to CSA asking for money from me.

I dont know if the child is mine or not, she has him registered as someone elses, she is married to this person and unfortunately for me she used to work for the CSA.

Once I had requested a DNA test she contacted me and said she would close the case if I cancelled it.

I cancelled it and she kept the case open.

CSA said that me cancelling the DNA was enough to prove I was the father even though I explained the situation to them and requested the test again, they told me no I would have to get the PWC to give me one and take her to court to get one (which I cant afford).

I have sent them copies of the childs birth certificate and her marriage certificate and asked them to provide evidence that I am the father but they arent interested and insist I pay the money. They have also worked out my salary to be 10K a year more than what I actually earn.

I have been waiting 6 months for a tribunal and still not heard anything.

Can anyone give me any advice as Its like talking to a brick wall, how they can make me pay over £300 a month without any proof the child is mine is beyond me.

Fair doos I was stupid to take her word that she would close the case in the first place but surely CSA shouldnt be able to take one womans word for it and demand money with no proof

Comments

  • Alice says:

    Unfortunately you trusted the word of the PWC that she would cancel the case and because you cancelled the DNA you are in effect accepting paternity of the child in that you have declined (or cancelled) the opportunity to prove that you are not the biological parent. It is now your responsibility to produce the proof and this will need to be obtained via the court in the form of a declaration of Non-parentage. I do not know what the cost of obtaining this is but the alternative is that the case will remain open and you will be liable for maintenance for the child, potentially up to the child’s 20th birthday.

    In respect of the income details used for the Maintenance Calculation you need to establish what these are and if the are wrong you can ask for a re-assessment. If you challenge the maintenance calculation within 28 days of the letter sent an provide correct income details the calculation can be revised, if it is after the 28 day appeal period it will be a re-assessment effective to when you request a change of circumstances.

    If you do not provide the wage information for a re-assessment the last MC will remain in force.

  • Sally says:

    @ Alice – in this situation wouldn’t it be acceptable for the CSA staff to inform both parents that as there is a dispute, ALL money recieved from the ANRP will be held until it is proved one way or the other if he is the childs father.

    This would mean that it wouldn’t be in eithers interest to refuse DNA test as the ANRP will still be paying the assessed amount to the CSA but the the PWC will not recieve any money…. when the results of the DNA come through, all money held/collected by the CSA will go to the appropriate person ie. to the PWC or returned to the NRP (if it’s found that the NRP is not the biological father).

  • Sally says:

    @ Alice – ??

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