I want to do everything in my power to avoid the CSA
Please help. About 3 months ago I hooked up with an old flame from my home town and we had sex which then developed into a long distance relationship. 4 weeks later she tells me she’s pregnant, so I calmly explained that I didn’t have the money and that having a child wasn’t part of my plans; I also explained how it would be complicated since I have a job so far away whilst she wants to stay in the town I have tried years to escape from.
Regardless of my efforts to hint that she should get an abortion, she decides to keep the baby and so I have no option but to roll with it. It then comes to light that she had unprotected sex with her ex partner of 5 years a week before she met up with me, casting a doubt on whether the child is mine at tall.
She also reveals other things to me such as being a carrier of Herpes. Arguments start to brew and within a short moment of time we are arguing like cat and dog for every minute that God sends.
Needless to say, when things have cooled down, we decide to end the relationship. My understanding was originally that I would see the child when I can, and that I pay her an agreed some monthly, without any authorities getting involved. Boy was I wrong.
She then tells me that she wants to go through the CSA and the alarm bells start ringing. So, I then speak to friends of mine that tell me whatever I do, I should avoid the CSA.
One of my friends tells me that, although as cold as it may sound, I have the option of not putting my name on the birth certificate and refusing to do a DNA test. And that without my name on the certificate, and without any DNA, it cannot be proven that the baby is mine.
Don’t get me wrong, If it is mine, I’m willing to see the child, and I’m willing to make contributions but I am going to do everything in my power to avoid the CSA. So, can someone please tell me: If I do not put my name on the birth certificate and refuse to give a DNA sample can I avoid getting into any bother with these people? Please reply asap as I am going out of my mind. Thanks, Mr Tuck.
24 thoughts on “I want to do everything in my power to avoid the CSA”
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Sorry to have to be the bearer of bad news,but by not putting your name on the birth certificate or refusing a DNA is not going to get you out of paying the CSA.Has soon as the PWC makes the application then you will have to pay UNLESS you can prove you are not the father.For your sake and the child get a DNA test done,if the child is not yours then you can hopefully get on with your life and learn by your mistake.If the child is yours then you will be paying CS until the child is 20 years of age.From October the CSA want parents to arrange CS without going through the agency,but if you cant agree then you will be paying CS through the CSA.When I read all the posts and comments on here ,I did hope that it might stop others from entering the CS hell but it seems that unless you are in the position as others are on here it just falls on deaf ears,and you just hope with fingers crossed that it never happens to you.
MrTuck,
If you doubt parentage, it would possibly be sensible to ascertain whether you are indeed the child’s father or not, asap after the child has been born.
If the test proves negative, you have no responsibility towards the child.
If positive, you could base your contributions on the CSA calculator http://www.cmoptions.org/en/calculator/calculator.asp
chall ~ afairercsaforall
Hello,
Thanks for your replies guys. I have spoken to a friend with a masters degree in Law as well as a family law solicitor who has advised me that I am indeed correct. So long as I don’t put my name on the birth certificate or give a DNA sample then I am not obliged to pay the CSA a thing. Consider this, a girl called Jane falls pregnant in the isle of wight, has a quick flick through Yellow Pages and claims that Barry from Inverness is the father. Barry gets a letter stating that Jane has claimed he is the father and has to pay CSA until he gives part of his entity to prove he is not the father. What a ridiculous suggestion. You cannot be forced to give a DNA sample as it is a human rights issue. So unless the CSA and Jane want to spend thousands of pounds taking Barry to a human rights court, Barry will be absolutely fine. I’m glad I got the truth from someone before I ended getting screwed over by these people. And I urge anyone in the same situation as me to do the same. Regards, Mr Tuck.
Your ‘friends’ have failed to advise you that if you are contacted by the CSA and refuse to take a DNA test, the CSA can assume parentage.
chall ~ afairercsaforall
You dont need to have your name on the birth certificate to be paying CS.Secondly why would you not want to do a DNA test at all?If you have slept with this lady then you could be the father and doesnt you,the mother and child deserve to know if you are the father or not.You are right in saying that any mother could say this man fathered my child ,but the CSA dont care if you are/arent the father,you have to prove it and until you do, will be on your back till you can do a DNA to say you arent.The fact you have slept with this person around the time she fell pregnant makes it a possibility it is yours.Do the right thing and do the DNA test ,if its yours yes you will have to pay,if not it wont cost you anything at all.The CSA dont care,you will find that if you DONT do the test then they presume you are the father and will take the money from you.
I know I might be the father and that’s exactly why I won’t be doing a DNA test! Do you see where I’m coming from now? Read the scenario I posted in my second comment, maybe you’ll actually understand how this works.
No, if I don’t do a test they will have to take me to court which will cost them money, in court they will ask me to take a DNA test, if I refuse then they will have to take me to a higher court costing them more money. Guess how many times someone has been taken to higher court by the CSA to prove they are the father and succeeded? None. Sorry ladies but no ones taking a penny from me. And quit it with the moral advice, all I care about is legal advice.
Secondly, the CSA can assume parentage? OK…. they can ‘assume parentage’ but that doesn’t mean they can start taking money from me at their free will, they need evidence and as I said, will have to take the correct legal preceding. You fail to remember I have spoken to a family law solicitor who deals with these cases on a day to day basis… I rest my case.
Quote; Mr Tuck on September 3rd, 2012 11:40 am
Secondly, the CSA can assume parentage? OK…. they can ‘assume parentage’ but that doesn’t mean they can start taking money from me at their free will, they need evidence and as I said, will have to take the correct legal preceding. You fail to remember I have spoken to a family law solicitor who deals with these cases on a day to day basis… I rest my case.
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Perhaps the “family law solicitor who deals with these cases on a day to day basis” should brush up on the Child Support Act.
Hopefully, the contents of the link below WILL enable them to offer correct advice in future and hopefully they will “actually understand how this works”.
http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@benefits/documents/digitalasset/dg_198851.pdf
chall
“Presumed parentage
By law, the CSA can presume parentage if the person named as the parent:
was married to the child’s mother at any time between the conception and the 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 are the parent
has refused to take a DNA test
has legally adopted the child
is named in a court order as the parent when the child was born to a surrogate mother
If the CSA presumes parentage, it will work out a child maintenance amount. The person named as the parent must pay this amount until they can produce evidence to show that they are not the child’s parent.”
None of the above applies to me except ‘refusal of DNA test’ – anyone could refuse this, simply because they don’t want to give DNA. They legally cannot be forced to give DNA. CSA cannot just start taking wages of some random person because they refuse to give DNA. It might say that in black and white, but trust me, it has NEVER HAPPENED. Chall, you can copy and paste directgov links all day, it’s not going to change the actual reality of the situation. In a few months when I’ve dodged the CSA and all of my money is still in my bank account I will return here and post a link to a photo of my account statement. Then you can finally “actually understand how this works”
Sorry about giving you moral advice,but you seem to be hiding your head in the sand.Read the direct gov .uk site that chall has given to you and then look at the post “CSA accept lies of PWC as truth”.Chall gives very good and correct advice on all matters of the CSA .Dont come on here throwing it back in our faces if we dont fall into your way of thinking ,this site is to help or advise the NRP and the PWC…..i rest my case also…
say goodbye to 40% of your wages mate….if you deny dna, csa will assume you are the parent, its then your job to prove otherwise, only the mother can refuse dna and the case will close….never heard of case that you point out above where csa have lost in this case??
Quote; “None of the above applies to me except ‘refusal of DNA test’”
Game, set and match to the CSA then.
As that will be confirmation enough that you are the dad – No court intervention needed, nobody needs to try and force you to do a DNA test. Legislation is quite clear. 🙂
Quote; “but trust me, it has NEVER HAPPENED.”
You poor deluded soul.
Frankly, it makes no odds to me what you do.
I assume once the CSA eventually work their magic, which may take months or even years, you will descend quite quickly from the dizzy heights of being a legend in your own imagination.
I rest my case too….
It abosluely disgusts me that people like you sincerely feel agreived…. you CHOSE (as a concenting adult) to have unprotected sex and as a consequence may be the father of a child… same for the mother (whether she had an agenda or not), it is YOUR responsibility to protect yourself…
There is an INNOCENT child in all of this who does not deserve either of you as a parent but unfortunately is stuck with you…..
Do the right thing and face your fear…. just because you are angry with the mother for giving you herpes should not give you the right to avoid paying for your child (if it is your child)….
Mr Tuck you sound like a complete ‘c**k. Do adults like you actually exist? Crikeys.
I think you have been mis informed about the way the CSA works Mr Tuck.
They are allowed to presume you are the parent because you refused the DNA . Then they WILL take the maintenance direct from your wages/benefits. It happens all the time, that it is the role of the CSA
Of course you do not have to take a DNA test if it offends your civil liberties but under law they will therefore assume you are the father. The Barry and Jane case you have put forward could absolutely happen but why would it? Jane wouldn’t benefit from suggesting a random bloke as he would easily refute it by way of the DNA (which the CSA pay for). Barry pays nothing.
The reason the law takes the mothers word for it is because many men do what you do. Therefore it forces you to pay unless you can prove otherwise. They don’t need to take you to court – the law allows them to take your money anyway.
Hope you take the test and it’s not yours by the way (more for the poor child’s sake)
I agree with Mr Tuck I am being forced to do 3 DNA Tests with 3 tapped in the head women who use the CSA against me. I have not even been given the chance to agree a payment plan of each child without interference from the CSA. All 3 women say they are going straight to the CSA instead of agreeing payments with me. Before I pay I want conclusive evidence I am the father of the 3 children by 3 different women. I have wrote a letter stating I want them to agree to pay and they stated they will pay for the DNA Test and add it to the bill. This is a fundamental breach of my Human Rights under the Human Rights Act 1998, but I am prepared to see if the CSA will put their money where there mouth is and the women are prepared to subject their children to a DNA Test of such humiliation and degrading treatment for the sake of money.
if she wants child why dosent she get a job and pay for it women on benefits havin kids willy nilly and why wasnt she on the pill
I feel very strongly about this, why are you so determined to get out of paying if this is your child, you had your fun with this lady and now you want to walk away from responsility?! I dont blame her for going through the CSA.. Thats what they are there for, for dads who are clearly not man enough to do whats right. Thankk god they are there. And also Ive given my babys father months and months of chances to provide for his child and they all say the same. “I will when I can”. Pathetic. Mothers do not provide when they can,they have to take responsibility regardless. And yes its true, the CSA can and will presume parentage if you do not agree to a DNA test. They will take you to court, they will bill you and remove items froem outside your property or throw you in jail for your debts. What a sad world we live in that some dads have such lousy attitudes. “They are not taking a penny from me” ?!!!! Lets all hope the poor child has a non biological father who actually has a brain. Thank god for the CSA.
What happened to Mr. Tuck & Jason??
i like to use the terms of owning a car like children i have 2 children both boys age 5 n 6 i dont get to see them very much as she is the most awkward women ive ever met i say she wants the kids full time she should pay for them just like i own a car moan about fue tax mot ins but do i exect other ppl to pay for it its life ladies you want the children dont let see dads see the kids get police involved when dads try to see them ect bl bla bla but expect us to give yous money when ya clearly claim child bennefit tax credits and most work or have partners who have money and jobs to me excuse my language but think women who do these things are piss takers not all are but most are
Hey Mr Tuck’s back!
Well guess what? I didn’t sign the birth certificate and refused the DNA test and insisted the child wasn’t mine. I refused until I was blue in the face and to this day they haven’t taken a penny from me.
Thanks for the advice ladies, nice try! Hahahaha
Yours truly,
Mr Tuck
Surely this can’t be true?
Mr Tuck speaks the truth.
A few months after a 1 night stand, I had the same text messages. Bit by bit, it was then evidenced that she had been sleeping around and I was the only one stupid enough (drunk enough) to give out my number.
I wasn’t given the option, the girl refused to put me on the birth certificate ‘to prove she was in control’ and that she could do what she wanted.
Now she is stuck, without a name on the certificate with a list of people who could potentially be the dad. She has more chance of winning the Grand National than picking the dad. That is why the CSA won’t get involved. If a number of us refuse the DNA test, will they assume all the ones they can track down are all the father? Perhaps we will draw straws? How foolish some of these comments appear here.
The only thing I learned from this experience was go to the local GUM clinic and don’t give your number out.
Mr Tuck, I would like to virtually shake your hand. We have both missed a bullet here.
Virtual handshake accepted, indeed we have.