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Hi,
First off I am looking for advice and guidance. My case started back in 2009. Young lad, one night stand you know the story. well roll on to 2014 and the CMS calls and opens a case against me with a child i had no idea was even born.
Being young and silly i heard them out and it turns out said one night stand in 2009 has had a child and says im the dad.
I hear them out and listen carefully however the supposed date of conception is off by about 6 months, So i immediately deny being the dad. I informed them that i was definitely not the dad and stupidly ignored them, moved house, had an amazing little boy and life was amazing.
£772.63 from a pay packet which left me with £600 a month with a new born baby, new house, new car. deductions from earnings order! this went on for years despite my begging for it to be lowered. Was told if i agreed to pay it (which would basically be me accepting im the father) they would lower it however other than that it was staying the same.
I lost my home, my car and nearly my boy. I tried time and time again to pay for the DNA but with only £600 a month i could hardly feed my family never mind pay £350 for a DNA test.
October 2018. promotion at work which lands me a hefty pay rise. First thing i do is get a DNA test!
Im not the dad! Finally after telling them from the star, the very first phone call!
Im trying for my money back however im told that its a big NOPE! I should have paid for a DNA test at the start or one of the many times i tried to but had to wait weeks and weeks for the mother to give her consent.
Help anyone?
I'd speak to your MP. Unfortuantely due to you not getting this sorted out at the begining you might be on a losing battle. I do understand your reasons for not doing this due to finances etc. But I thought you could take a CSA approved DNA test, and you only paid for it if you were the father?
I agree with Yoda, go and have a word with your MP. Generally the CMS will only refund payments from the point the paying parent denies parentage, the trouble is, you made this statement over the phone and there’s nothing to prove that’s what you said.
Did you inform the CMS that you couldn’t afford the DNA test? In such circumstances they can pay for the test and either reclaim it, or not as the case may be.
You might like to consider taking a civil case out to try and get your money back from the mother, but I’d try your MP first.
Best of luck
I think it's worse mojo (could be wrong) - I think it's from the date the DNA test proves he's not the father, so the original conversation wouldn't matter.
Thanks guys. I have it in writing from them that i denied parentage from the start. Just never could afford the dna.
I asked many times for them to do the dna test and i would pay if the result was positive however because i was working and employed this wasnt an option for me. Pretty pathetic tbh.
Ill get in touch with my local MP and im already going through appeals and the ICE.
Thanks again.
James
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