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I'm really hoping someone here has, unfortunately, shared similar curircumstances and can advise me on how best to move forward and get back what I am owed.
So, just briefly, I have been paying for maintenance for a child for 7 years. He is now 10 years old and I have just proved I am not the father.
There was no contact between myself and the child and I have always had doubts and doubted the parentage on several occasions throughout the ordeal. Both with the CSA and the CMS.
I originally accepted parentage by default and did not take the option of doing a test at the time. I thought he was mine.
I was then told on numerous occasions he was not and doubt was cast. I requested a DNA test and was denied this by the CSA. I did not have money aside to be able to afford a test as I was raising my own family and budgets were always beyond tight. I continually disputed with them I was not the father. I continued to make monthly payments.
When the CSA changed to the CMA I disputed the parentage again when they called for the first time. They offered me a DNA test, through Cellmark and I have now paid for it and the test has come back as negative. I have paid money through direct pay to the mothers bank account continuously since the change.
Can someone please advise what is best to do next and if there is any tips on getting every penny of my money back and not having to go to court?
Hi there,
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Have you spoken to CSA and asked what they can do?
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I'm not sure whether they are able to help, or whether you would need to go through court for the money you have paid.
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I would certainly take some legal advice on this, go and see a solicitor many will offer you a free 30 mins session to find out more details but if they are any good they should offer some initial advice in that session.
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CAB may also be able to offer you some advice.
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GTTS
This is very sad for everyone.
Unless the child's mother is very wealthy indeed I doubt this issue would be worth taking up in court, it would just cost you lots of money and heartache.
It would probably be best just to put this down to experience and focus on your new family.
Good fortune.
I doubt you will get the money back, it's possible you will get an payments that you've paid since the DNA test, speak to the CMS about this.
As you didn't take up the option of a DNA test initially, the CSA will use this as a reason against any back payment.
I agree, you should get the money back since the DNA test, and possibly the cost of the test itself, but you won't get anything further back than that.
Thanks everyone for the responses.
I have spoken to the CMS and they have advised they will look into it for me. The lady I spoke with was very understanding and appreciated where I was coming from.
I did have a solicitors letter from a while back dusputing paternity. Will this hold up for anything?
All I have seen online is horror stories. Surely it could be classed as fraud? I was certainly mislead and have paid over £17,000.
Has anyone tried contacting an MP or seeking legal assistance for this? Everywhere I look, I come up against a wall and can't see how they are able to do this.
Well, it probably was fraud by the child's mother, but that would be very difficult to prove so I really doubt the police or CPS would be interested in taking it on as a criminal matter.
You could bring a civil case, but unless you are rich it would be prohibitively expensive, and unless the child's mother is very rich also you are very unlikely to ever recover any money. I would be amazed if you could get legal aid to pursue a civil claim (particularly one with almost no chance of success) - and I think that is right, I would see no reason why I would pay your legal bills to recover money.
I can appreciate your frustration, but I'm afraid this is just part of the bias against dad's that our society tolerates. I'm sure you are irritated by being out of pocket by £17,000, but perhaps be thankful the payments did not continue until the child was 20 (I'm sure that has happened more than once).
Good fortune.
I agree with Othen, I'm afraid. Your only chance is a civil case against the mother, and even if a court ruled in your favour, the damages would probably only be minimal. The CSA acted correctly according to their rules, in that until a DNA test shows you aren't the father, you are liable up to the point of the test, and it's not applied retrospectively
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