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CSA demanding money for children I do not have for a woman I have never met!
Twenty odd years ago i got a letter from the csa asking for maintenance money for a child i had never heard of from a woman i had never heard of. i informed them that i didnt know this woman, did not have any children and left it at that. over the years i have had a statement from them saying i still owe money, i wrote to them again explaining that i had never heard of this woman.
Today i received a letter, the child is now 28 years old and they have enclosed an deduction from earnings order, they are going to take over £400 a month from my wages. How do i stop this?
10 thoughts on “CSA demanding money for children I do not have for a woman I have never met!”
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Graham:- Prove it is not your child by DNA testing. You will be reimbursed any fees when you are proved not to be the father. This should have been done many years ago. I’m afraid the onus is on you at this stage. Ring 08457133133 state your position and ask for leaflet CSL304.
graham,
Did you deny parentage when the CSA initially became involved and where you expecting to take a DNA test?
I would assume the CSA will possibly not arrange a DNA for you at this stage, as they have assumed parentage.
You may need to apply to court, using a C100 form to ascertain parentage.
However, depending on the circumstances of your case ( you may need to apply for your Data Protection File) the CSA may only refund any payments made after the date you first denied you were the parent and the fee’s for a DNA if it was arranged through them.
chall ~ afairercsaforall
If the child is not yours, please, please go to the media with this story.
Just about sums up the CSA panto.
How do the CSA get away with deciding you are guilty untill proven innocent?
Where else can this happen, why do MP’s allow this clear breach of human rights to go on.
Why do the press not report this?
would love a CSA employee like Alice to explain how this is allowed in 2012. It has to be an illegal practice, no right to defend yourself just your money taken untill you prove they are wrong then a 2 year fight or longer to get anyone to listen.
Every Alleged Non Resident Parent has the right to defend themselves. When the CSA contact the Alleged NRP by phone they will ask if they accept paternity – if they deny paternity a DNA test will be offered on the basis that if the test proves them not to be the father there will be no cost to the Alleged NRP – if they are proved to be the father then the case will be opened and the ANRP will then be classed as NRP, they will also be charged for the cost of the DNA test. If the woman making application refuses to take the named QC for a DNA test the case will be closed and the ANRP will not be liable for any costs.
If no telephone contact is made with the ANRP then a MEF is sent to an address deemed confident – there will be a covering letter detailing the name(s) of QC(s) and a date by which the form is to be returned by – if the form is not returned by that date without good reason ( postal strike etc) then parentage can be presumed.
If paternity is not denied or is presumed and the NRP later wishes to contest this then they must obtain a Declaration of Non Parentage via their county/magistrate court, the cost of this will the responsibility of the NRP. If paternity was accepted at the start of the case and the NRP is later proven not to be the father then the case will be closed as soon as the agency is informed, there is no automatic right to a refund of money paid since the start of the case.
If the PWC in a previously closed case makes a re-application the NRP must be contacted again and is automatically asked again if they accept paternity of the QC(s) – if they deny paternity on a re-app they will be offered a DNA test on the same basis as the original application.
“stuart mitchell on November 24th, 2012 12:49 pm
How do the CSA get away with deciding you are guilty untill proven innocent?”
Actually Stuart they dont, have you read this post? –
“Court ruling leaves child maintenance authority ‘emasculated’
November 1, 2012
Ward added that the “muddled” methodology the CMEC used suggested to investigators that absent parents had to prove they were innocent.
Ward, along with two other judges, Lords Justice Patten and Richard, concluded the fathers were not given the chance of a fair hearing, which breached Article 6 of the European Convention on Human Rights.
The judges concluded:
“The procedures adopted do not comply with the rights to a fair trial and were flawed accordingly.”
One father involved was Kambiz Karoonian, 44 years, from Ormskirk.
In February 2011, magistrates handed Karoonian a suspended jail sentence. He was told to make monthly payments of £1,000 or be imprisoned.
Karoonian, a father of five, has insisted he owes nothing and added that he regularly sees his three daughters from previous relationships, as well as his two sons from his current relationship.
Lord Justice Ward summed up that the letters Karoonian received incorrectly implied he and another parent in a related case had to prove they owed no child maintenance.
The fact that the CMEC had no evidence and had not followed the law relating to both fathers’ income meant that all three judges agreed the fathers had not received a fair hearing.
Richard Gordon QC, barrister for Karoonian, said a number of absent mothers and fathers were being treated in the same way, and having flawed cases brought against them, where their arrears were worked out incorrectly.”
What this effectively means is that you are innocent until proven guilty and the csa have breached the human rights act.
I hope this will lead to more cases until this disgusting organisation is shut down. I also hope that individual cases will be brought against those that have ruined so many lives.
Thing is Stuart, things change, laws change and if the csa think they will be protected by the law or politics forever ten they should think again, politicians will drop their support like a festering wart the minute it starts costin them votes and new politicians who have had any experience of the cs can always make new laws in the future.
How do the CSA get away with deciding you are guilty untill proven innocent?”
Actually Stuart they dont, have you read this post? –
Yes I have it was a generalised question please explain. how the CSA can discover arrears due to maladministration, then with no right of appeal or fair trial or evidence take money from your wage via DEO putting you in debt? you have been found guilty tried and punished with no way to appeal the DEO as your rules prevent this, which is a breach of human rights. Then when the case is investigated admit you were wrong then refuse to refund the money or address the debt caused? please explain this? the CSA have presumed guilt not proved which is contrary to British law. And by not achieving guilt in a court of law have actually broken it by the action of taking money on a whim.
Any one seen Alice she appears to have now stopped responding???????
Alice,
Your reply is all very well, it advises how a case should proceed. However, you fail to ever take into account that agency maladministration could be an issue.
IF a case has been subject to agency maladministration (delays, errors etc), and a person finds themselves in a position where due to such, they have either LOST the right to defend themselves OR they are unsure how proceed in an effort to defend themselves, what can/should they do in such circumstances?
chall
Bearing in mind Alice, the queue at ICE is one year and then again at the Ombudsman, how is a NRP in the current financial climate expected to survive huge sums being taken with no proof provided the amounts are owed. I doubt you will respond as you tend not to when it is not CSA PR you can lay down that shifts the blame to a NRP as not following your procedure that you do not publish.