How can it be legal to do this?

February 21, 2014

My partners mother passed away last year and left money in trust for him to be the primary beneficiary of the trust, it is not an asset as he cannot access the trust himself he can only benefit from it. its not a huge amount of money but it is more than £65,000 and the CSA have called him to inform him that the may take that into consideration when calculating how much he has to pay for his child from a previous relationship. this doesn’t seem right to me, they said she may be entitled to 10% of the money, which he was hoping to invest in his childs future and not give to his ex partner. I am really hoping someone can give me some advice as he is very worried. his mother set this trust up so that his ex partner could not gain from it so how can it be legal to do this.

The other problem we have with them is that it has come to light that his ex had an affair around the time of conception. my partner is not denying parentage but he does want a DNA test as his name is not on the birth certificate and he wants some form of legal document showing the child is his so that he can use it court as part of an access case. Unfortunately because my partner has been paying maintenance in the past it means the CSA wont help in getting the DNA test done. so, it means he will have to go through the courts which will be lengthy and costly. How can this be fair, this must mean there are many other fathers in a similar situation, paying for a child or children they are not allowed to see and have no proof they are biologically theirs. I would really like anyones advice or own experiences as it would be really helpful. all he wants is to see his daughter and to provide for her future.

Comments

  • jo says:

    I would get legal advice or go on the narsca website (think that’s how you spell it) to see where the csa can go with this.

    also he can apply to the court for dispute of parentage instead of using costly solicitors. Has he made the csa aware that his ex has only admitted to an affair so had no need to question dna until now?….might be worth sending them a letter instead of talking to the dimwits on the phone and speak with an mp if matters are not resolved.

    good luck.

  • John says:

    The CSA have cost two children their inheritance, because they have treated a decent honest bloke, like low life scum, in their attempts to criminalise me…..and I paid for, and wanted to support the children.

    It’s not the fact that you should support your children financially, it’s the fact that the incompetent ar-eholes at the CSA are interfering in peoples private family lives, causing untold misery!

    The children are adults now, they should be critical of the CSA, and they should be asking the CSA why they have treated their father disgracefully?

    I sincerely hope that children who have become adults realise (for the right reasons), that the CSA system is causing more damage, than any good it portrays to be doing!

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