[Solved] CSA/Child Maintenance issue

H.i the csa/cms have done the same to me, but writing to the wrong address, so when i found out it was going to court, I attended and said im not the father, this is from 18yrs ago, cant remember the woman etc, they adjourned case so they could offer me a DNA test, didn't hear from them, new court hearing for liability order, which was a sham, magistrates wouldn't except that, csa hadn't written to me offering dna test,, csa produced summons & liability order, not the courts, which is the law in this country,I told them it was unlawful and illegal to allow the csa to do this, it fell on deaf years, I asked for the magistrates name and the clerk, but was told the are protected by some act or other, but i am not, so my question is how can we protect ourselves in a court of law, when the magistrates wouldn't allow us to question where they get there fictional/historical information from, and pass an illegal liability order, with no evidence, other than what the csa produce, they say there powers to stop them are limited, so are we guilty until proven innocent, i thought we were innocent until proven guilty, which country do we now live in. also the courts and all dwp departments are now Run as profit for business company's, Democracy as been sold dwn the river, in the name of profit.

Thanks for the response, not really the one I was looking for as I understand when accusations are made to the child maintenance they automatically take the side of the mother with no other grounds then her word.
They need no proof to demand payments and if the accused doesn’t comply then they take money straight from your employer. And when proven wrong they say payments were taken “in good faith”.... no you stole the money with no du diligence done

The CSA/CMS have followed the correct procedures unfortunately for you, and maintenance is due up to the point where the DNA test proves negative. I can understand your position - you really are in the position of guilty until proven innocent. The only action I can suggest, and it's tenuous, is to get evidence from CSA that she refused the DNA test (if they won't comply, you can ask for a subject access request - SAR) and then sue you ex in the small claims court.

ACTD what’s you background for said information?
Correct procedures followed??
At point of first contact about this child I refused it was mine. No du diligence was carried out by the CSA instead going on hear say and not following their own policies and procedures to get any proof I was/wasn’t the father.

ACTD I’m guessing you work with CMS?

If we look at proof or evidence in this case, a random women phone CSA makes a false claim a child is mine and with this evidence only can put an attachment of earnings on me? Even thought from day 1 I had said was not mine and was willing to do a DNA....

Also if a case is closed with over payments then CMS give you paperwork to claim money back in a small claims court IF PAID DIRECTLY to resident parent

However

If money is retrieved by CMS then it paid back directly out of the tax payers pot

So no ACTD they are not correct and have gone against their own policies and procedures over and over again! Once this case closes which it will do then they had never established I was the parent and owe me full refund

Hi, I don't work for CMS/CSA or have any connection with them.

The reason I say that they have followed the correct procedures is that they followed up a claim by your ex at the time, and the time to object that you aren't the father is when you were first notified - unfortunately you do have to pay for the test at the time, though if it was negative, then they would have refunded the cost of the DNA test at the time. The fact that you didn't at the time means that the CSA don't have any evidence that you weren't the father, and they don't backdate any claim against paternity further back than the DNA test when it is eventually done. The money you paid went to the mother, so it isn't money that the CSA have gained themselves from you, which is why I said that your claim is against the mother as she's the one who has made the claim that you were the father and profited from that.

If you overpay the mother - for instance, if the circumstances change such that child benefit stops - then the CSA will try to get the money back from the mother on your behalf, and this happened to me in reverse, in that I was the parent with care, and my ex paid one extra monthly payment when it should have ceased, and the CSA came after me to get the money back in her behalf, and I had to repay that extra payment through the CSA back to the mother.