CSA Claim I have a child that I don't!!

Hi!

Can I suggest you join the forum on our other site, so that one of the experts can try and help you. Here is the link:

http://afairercsaforall.myfanforum.org/index.php

best wishes.

Hi there,

Just wanted to offer my support and say that I sympathise with your position. My partner has been contesting parentage of a child for 15 years, unfortunately he signed the birth cert as he believed the child to be his initially. The CSA chased him on and off for all this time. I'm new to it as I've only been with him 4 years and it only started again last year. Unfortunately the way things stand are that the parent with care holds all the cards legally. My partner has offered to take and even pay for DNA tests but she has continually refused - I wonder why?! He has had to pay money and we receive demands from them. They have told him his only option is court and similar to your situation we wouldn't get legal aid although she probably would to contest it.

That's why we have to stick together to get this system changed

Take care x

Your husband basically has 2 options, and neither is going to be quick.
1.
He could go for a DNA test, but he'll have to pay for it himself.
It'd have to be done through 1 of the DNA Testing Agencys that are approved by the courts:
Orchid Cellmark Ltd
Anglia DNA Services Ltd
Crucial Genetics
LGC Diagnostics Department
The Forensic Science Service Ltd
Barts and The London Queen Mary University of London
It'll cost around £400.00, it has to be 1 of the tests that is accepted by courts.
Yep, he's probably going to have to go to Court to get this woman 2 have a test done (more expense), but why should that woman have a test done that may upset her case which has been plodding along quite happily (?!?!).
Once the test is done and it comes back negative the case should be shut immediately. If they don't create hell.
It's their policy that they don't have to return any money that's been paid before the Paternity was disputed, so it may be worth looking at the second part below (about the Data Protection Act), if he can prove that he denied it in the first place he should get all the money back.
Then you could start to look at how they identified him as the Non-Resident Parent in the first place. Mistaken Identity? As for a Consilatory Payment from the Special Payments Team.
2.
He could attempt to prove he requested DNA tests, so proving he disputed parentage from the very beginning.
He could do this in 2 ways.
He could ask the CSA to request the files from 'storage' & look back @ them.
Alternatively, he could request to see what information the CSA holds about him.
Under the Data Protection Act 1998, the CSA must provide this information to him within 40 days of their receiving the letter. It is a criminal offence for them not to.
Your husband needs to ask for this in writing and give information to allow the CSA to confirm his identity, including his full name, date of birth, address, CSA case number and his National Insurance number
He needs to provide as much detail to help them to identify & find the info - for example, the CSA office he dealt with.
He needs to write to:
The Data Protection Officer
Child Support Agency
Data Protection Unit
Room BP6002
Benton Park View
Longbenton
Newcastle upon Tyne
NE98 1YX.
This way you are mainly relying on finding that they've screwed it up or missed part of the procedure.

Hope that's of some use, let me know how you get on.

Good Luck

K

My husband has just found out that he is not the bilogical father of his exes 3.5 year old child. The CSA have said that they can presume parentage as he originally agreed. Therefore he has got to go through the courts (he will have to pay - she will get legal aid) to get her to agree to an approved DNA test before they will stop trying to take money from him.

I hope you find a way around it, at the moment we are still trying to find someone who can help us.