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Hello all, please advice. The csa/cma payments are crippling. I am not on the childs birth certificate. The mother is now married and has more kids. Its been 11 years and no contact. I have tried for many years and now I gave up hope.
So what can I do. So I challenge the mother with dna test. Via cma. Have to pay. If the mother refuses. What happens next. Do i get 11 years of cma payments back. I just very confused on what I should do.
Thank you in advance.
Hi
If you believe that the child isn't yours, then you can challenge this, and there are 3 outcomes:
1. The mother refuses to allow the DNA test - the CMS will close the case and you will have no more maintenance to pay, and you may get the cost of the DNA test back
2. The mother allows the DNA test and it comes back negative (ie you are not the father) - same result as no. 1
3. The DNA test comes back positive - you continue paying as currently, and you don't get the cost of the DNA test back.
However, in all of these cases, it is only backdated to when the DNA test is done, you don't get any previous payments refunded, even if it is shown that the child isn't yours.
hi,
if mother refuses dna test, you can tell cms. but they will probably tell you to make a court application, to get her to take test. - form c63.
if your owed money back, it will likely be very difficult to get it back through cms. there is option of money claims.
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