Do I have a case against the CSA?

June 2, 2014

Hi,my ex partner & I split up about 7 years ago,we had 3 children together.we lived together And he is named as all the children’s father on their birth certificates & they all carry his name (we weren’t married) which was never an issue until we split up.

I put in a claim for maintenance via the case and they made an assessment of what he should pay,he must have then challenged this amount because I next had them tell me the amount had changed and a new less figure was given.

He also lied & told them he saw his children and when he did he would have to travel approx 150miles to get here,then the cost of his hotel he apparently stayed in then the same amount for his return journey,this I remember was all taken into consideration by the CSa,all of which was total lies,he hasn’t seen them in 7 yrs.

I was never asked if this was to be true! At this time I just sort of went along with it all as I was having a very difficult time with my now 12 yr old who has hydrocephalus,a diagnosis of autism and special educational needs,the latter of the 2 were only statemented after he was excluded from school at about the age of 8!

I at the time had so much going on in my life,my ex paying maintenance to be honest was the least of my problems.At this point the calculations had twice been made,being less each time but I didn’t argue when next I’m being told by the CSa me and the kids have to go for DNA tests! I wasn’t happy about this and neither was my son who may have only been 8-9 but he’s a intelligent kid & when I explained to him about these tests he got very angry and upset and was very adamant he didn’t want this test.

I too be honest thought at the time as well,no why should we have to do this as I then learned about presumed parentage & was never told why/what or anything as to why all of sudden this had come about.I was never asked for the child’s birth crest which could have proved my claim to him being their father.

All in all it all became too much at the time and me and the kids never went ahead with these DNA tests,I then got told the case was closed and to be honest was just glad as it was one less thing for me to deal with at this stressful time.

Anyway a few months down the line when my life began to settle down,I started to question in my own mind all that had taken place and realized I’d made a mistake in not going ahead.I Then wrote a letter to appeal which for whatever reason I can’t remember got turned down so again I just left it. A year or so pass,this man who claims he isn’t the father to the CSa is every year sending birthday and Xmas cards,interferes in their school lives yet never has turned up for a parents evening etc.

Im now thinking he’s well and truly taking the piss here,on several occasions has contacted me via fb only to hurl abuse at me about how I bring his children up??LOL!!like he,d know what or how I did anything with his children.By this time I’ve heard the CSa are being replaced by the cms and decided to put in a new claim which was about 6mths ago,only this time when asked to go for DNA testing,we did,I understand being asked by the cms to go for these tests as it was his first argument to them that we never did 1st time,even thou no one has ever told me why,they didn’t ask for birth crest the CSa this is,which I’ve asked over and over but only to be baffled by some BS.

I’ve always thought I must have it wrong in thinking presumed parentage was enough for the CSa until about 2mths in a general conversation to a member of staff at the cms he confirmed everything I’d ever thought had been dealt with wrongly,had been!!

Hallelullja a confirmation that I’m not an idiot which I thought I obviously must be! That half hour conversation with that guy is how I’ve ended up here to ask,do I have any sort of case against the CSa,as my children have suffered financially and emotionally because of what I see is errors on their behalf.

This to me isn’t about the money even though I feel we,ve missed out on an awful lot,it’s about not letting my ex get away with everything like he has done up till now…..did I mention today I got all the DNA test results back and YES he IS the biological father to all3 children,tell me something I didn’t already know!

Apparently he owes me £1500.00 from CSa maintenance arrears which I was informed of about 3mths ago….1st i ever knew of any arrears via the CSa.So all in all I feel I’ve written a book here but for someone to say to me yes the CSa was wrong,I have a good case would make my day,if not then hey no problem,I’ll move forward with this new claim and look at the CSa experience as mycsaexperiencefrom hell.com as one to remember.thanks for anyone taking the time to read this and any advice given 🙂

Comments

18 Responses to “Do I have a case against the CSA?”

  1. Kim Barnard on June 2nd, 2014 8:23 am

    I do think you should seek legal advice. After all of this does he still not see his children? The kids will resent him for this in the future. Good luck x

  2. Kim Barnard on June 2nd, 2014 8:30 am

    Kim Barnard liked this on Facebook.

  3. Jaqui Hughes on June 2nd, 2014 9:56 am

    No he still doesnt see them Kim,the best thing about this is when he contacts their schools for info on their schooling etc,my sons teacher said he would happily confirm to the csa he rings the school,stating he IS their dad as he suggested I go police as surely thats not right,having an interested in a child hes told the csa thats hes not the father lol he either thinks hes clever (obviously he isn’t) or im very stupid and i wont see or wont pick up on it and say anything!! I did mrntion this point to the cms but they said that wasnt anything to do with them!!of course it is as hes telling u hes not their father.im waiting now to see what stunt he tries to pull now the dna tests r back & im not some bitter bitch of an ex,i truely dispise the man for making his own children go for dna tests all to prolong getting out of providing for them.thanks Kim for the reply 🙂 x

  4. Bill on June 2nd, 2014 10:03 am

    Parentage is only presumed until it is disputed.
    If the PWC refuses a DNA test then they have no alternative but to close the case.
    You have no case.

  5. jaqui on June 2nd, 2014 10:14 am

    I understand that bill but if he disputed it which he obviously did,why was I not given a chance to then have my say and prove what i was saying to be true? I then could have provided all their birth certs where he was present and signed to say he was their father! From what ive read up on from csa info is that that then is enough for them to go with presumed parentage and then if he still tries to dispute this he must then pay for the dna tests himself,yo whuch to my knowledge this wasnt the case?

  6. jo on June 2nd, 2014 10:17 am

    I’m with Bill on this, if you didn’t go for dna first time round then the case will close…you should of done it regardless if children make a fuss as it messed things up and probably put even more doubt in your ex’s head, which you can hardly blame him and added fuel to the fire. Now you have done the test and he is the bio dad hopefully things will work out, also with the arrears these will never go away unless they are incorrect which he can challenge at any time.

  7. jaqui on June 2nd, 2014 10:33 am

    Again i know what you are saying is right my issue here is why was I never given the chance to prove what he was saying which I dont know to this day what he said to the csa for them to believe enough to agree to dna tests in the 1st place??

  8. jo on June 2nd, 2014 11:16 am

    Birth certificate is not proof of parentage believe it or not and you were not married. If he denied being a father then csa have the right to offer a dna test and by not attending you put the ball in his court. My husband was accused of being a father knowing full he wasn’t and if dna testing isn’t offered would be screwed by csa and his ex now or having to pay out expensive court fees, I’m glad CSA have this option…she wouldn’t do the test and case closed and now finding out she knew who the dad was all along, but thought my husband a safer bet. I think in your case your ex was delaying at all costs and it bit him in the ass, you have now proved he is their father and he’ll have to live with the consequences of his actions. Csa have done their job set out by legislation and I don’t think you have a case against them because you didn’t co-operate to begin with.

  9. Bill on June 2nd, 2014 11:20 am

    You were given the chance to prove it when they offered the first DNA test.
    Any other discussions becomes irrelevant at that point.
    All he had to say was that he was not the father and was willing to pay for a test.
    Had he proved not to be the father he would have not had to pay because of the presumption.
    Now he has proved to be the father he will have pay for the test and CM.

  10. jaqui on June 2nd, 2014 11:54 am

    This paragraph is taken off gov.org csa website………….When someone denies they’re the parent of a child, the Child Maintenance Service or the CSA will:

    ask them for evidence proving they’re not the parent
    tell the other parent what’s happened and ask for evidence to prove parentage
    If there’s no evidence to prove they’re not the parent, the service managing the case can:

    ask both parents to take a DNA test
    ask the courts to make a decision. Which from where im sitting what im saying is correct,why wasnt I asked to give my evidence to clarify how me naming him.as the father was to b true.now if i couldnt provide them with any proof then yes I agree with the dna but I could have,I was just never asked too!! I for the life of me what BS he must have told them for them to believe enough to go for dna,we lived together for 5 yrs all 3 childten were conceived in those 5 yrs that in itself should tell anyone if i was sleeping around any man with a brain would have got out after the 1st child let alone stick around whilst another are conceived for him only after we split and the csa get involved starts this denial crap.He could never have given them any evidence that would stand in his favour as im sure shes a slag who slept around is not a good enough rrason to proof.The guy from the cms just by sheer coincidence questioned why this ever happened as well,that to me confirms im.right but im getting these negative replies I feel like once again im banging my head up a brick wall :-S

  11. Bill on June 2nd, 2014 12:31 pm

    This why the DNA is considered definitive evidence, it cuts through all arguments and discussions.
    There are no emotional connotations and is clear.
    I’m sorry you feel my replies are negative but really they were just meant to save you time and trouble trying to make a case against CSA/CMC.

  12. jaqui on June 2nd, 2014 1:06 pm

    Sorry bill maybe negative was the wrong word to use especially as I asked for advice.Thing is i dont disagree with what you’re saying maybe im not wording what im trying to get across correctly? Im not questioning dna being the only way they can get full evidence…if needed…im questioning as to how they can state what they do about presumed parentage but then in my case go against everything they tell people? If he worked aeay and showed them proof every time one of his children was conceived then I could understand y the csa would be look at the case and think hmmm thats proof enough that they probably arent his but that wasnt the case.surely what they should have done is made the assessment got the ball rolling for payments to to b made as i had enough proof to say he was the father as they state again that a fathers name on birth cert IS enough proof for them to presume parentage,then tell him if he wanted dna he would have to sort it himself as i had enough evidence for them tobpresume he is the father??

  13. jaqui on June 2nd, 2014 1:13 pm

    Skip to main content
    GOV.UK Search
    HomeBirths, deaths, marriages and careHaving a child, parenting and adoption
    Use the Child Maintenance Service or Child Support Agency (CSA)
    Show all parts of this guide
    Overview
    Eligibility
    How to apply
    How to pay
    Non-payment
    Disagreements about parentage
    Changes you need to report
    Complaints and appeals
    Contact
    6. Disagreements about parentage
    When someone denies they’re the parent of a child, the Child Maintenance Service or the CSA will:

    ask them for evidence proving they’re not the parent
    tell the other parent what’s happened and ask for evidence to prove parentage
    If there’s no evidence to prove they’re not the parent, the service managing the case can:

    ask both parents to take a DNA test
    ask the courts to make a decision
    Assumed parentage
    The Child Maintenance Service or the CSA can assume parentage if the person named as the parent:

    was married to the child’s mother at any time between the conception and birth of the child (unless the child was adopted)
    is named on the child’s birth certificate (unless the child was adopted)
    has taken a DNA test that shows they’re the parent
    has legally adopted the child
    is named in a court order as the parent when the child was born to a surrogate mother
    If parentage is assumed, they’ll work out a child maintenance amount. The person named as the parent has to pay this until they can prove that they’re not the parent.

    Paying child maintenance during a disagreement
    When a child maintenance amount has already been worked out, the person named as the parent has to pay until they can provide evidence they’re not the parent.

    When the amount hasn’t been worked out, the service managing the case won’t work it out or ask for payment until the disagreement has been sorted out.

    If the person is found to be the parent, the amount of child maintenance they have to pay will be back-dated.

    Named person proves they’re not the parent
    When this happens, the service managing the case may:

    refund any payments made after the date they first denied they were the parent, or offset the amount against maintenance for another child
    refund the cost of any DNA tests arranged through the service
    They may also ask the other parent to pay back any child maintenance.

  14. Sarah Louise White on June 2nd, 2014 2:42 pm

    If he is on the BC it’s auto parentage as a responsible parent even if he wasnt the childs biological child he is on there birth certif . Csa can be claimed anybody who is liable for a child

  15. Bill on June 2nd, 2014 2:46 pm

    You say they did make an assessment on the first occasion you applied using presumtion of parenthood but you negated that by not ensuring the DNA test was completed.
    Hence when the second application was made they could no longer presume and had to go straight for definitive proof to save making an assessment in vain again.

  16. jo on June 2nd, 2014 3:43 pm

    Jaqui….I get what you are saying but unfortunately csa don’t look at individual circumstances, they are very black and white. You could argue your case with an MP and see where it leads. Many women have accused men of being fathers and put their names on a birth certificate (paternity fraud) and turned out not to be the case many years down the line, if an nrp wants a dna in the beginning csa are obliged to carry this out. I’m sorry if it sounds negative, you failed to attend a dna test which looks like avoidance even if it wasn’t.

  17. jaqui on June 2nd, 2014 6:16 pm

    I thought too that it was auto presumed parentage if med on the bc thats why I cant understand y that never happened,I understand the cms going for dna as i didnt go the 1st time but the 1st time shouldnt have happened in the first place,even the guy from the cms has said they were wrong in not going for presumed parentage and should put this too them as why I was never even asked for bc. All I can see is everything they claim to do was not done in my case.

  18. Bill on June 6th, 2014 11:41 pm

    jaqui:- You give is a list of what they can do.
    There is no obligation to do all of them or do them in a specific order, they can pick and from the list and in your case they have chosen the DNA test route, likely because it is the easiest and most straightforward for them.
    I repeat you have no case.

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