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I am wondering if anyone here is in the same boat or is knowledgeable in this area.
I'll try to keep this as basic as I can otherwise it might end up being a lengthy post.
I had a relationship with a girl in 1999 who later went on to have a son. She contacted me after his birth and informed me the child was mine. I checked over the dates of our relationship and everything would point to him being my son. She swore blind that this was the case.
The CSA form arrives and, after being threatened with legal action and that they would take 40% of my wages from me anyway if I didn't fill the form in, I signed the form.
Over the next 10 years all money is paid to the CSA.
In November 2010 rumours come to the fore that I might have been duped. I ring the CSA and request a DNA test. They refuse.
As I am on the 'old scheme' I am being pretty much crippled financially so it takes me 8 months to save up for a private test with Cellmark. Eventually this test is performed and comes back negative.
For the last 10 months I have been fighting the CSA for a refund. I have been using Forshaws to represent me and have been in touch with my MP.
So far the CSA have refunded back to the time I requested a test - approx 10% of the £36,000 that the CSA have taken from me.
We've pretty much come up against a brick wall now and have just started our contact with the ICE.
I don't hold out any/much hope of either a speedy or positive outcome.
It's banged into people to do the right thing and take responsibility for your actions - and yet when you do this and later find yourself a victim of crime (fraud) a Government agency simply washes their hands of you. It's a Government agency which is aiding an offender in receiving money by deception.
So, if anyone has any advice, or if someone else is in a similar position I'd love to hear from you.
And if you're sat there reading this and there's a slim chance you might not be the Dad, get in touch with the CSA and make an official paternity dispute - that way if you should be as unfortunate as me you might get (under current legislation anyway) some payments back.
Yours in hope,
Matt
Hi,
Thanks for the reply!
We split fairly early into the relationship - I tried to make a go of it with her but I just couldn't see it working out between us and I'd rather have us apart than have 'my' son brought up in a home where mum and dad clearly didn't get along.
This seemed to work fine until she met a new fella. After 6 months of seeing the new bloke she had decided he would be 'Dad' and she started to exclude me. The child in question was at an age where he didn't really know what was going on so in the end he wouldn't notice a difference.
After 6 months of her deliberately changing times and dates that I could see the child see told me I could never see him again.
First of all it went to Cafcas who were next to useless and then I had to take legal action. She was unemployed and thus on legal aid. I, being employed, had to pay my own costs. 18 months later and crippled with a 5k legal bill on top of the 'old' CSA scheme of maintenance I had to throw in the towel.
I discussed things with my solicitor re the DNA testing and also re then going for access rights again. He said that it wouldn't particularly help my case if I suddenly decided the child wasn't mine (wanting the test) and also wanting access - I would suggest speaking to your solicitor re this.
In the end I went for the test and I'm glad I did.
The CSA claim that they will only refund to the point where I requested a test - however, if I had had my doubts earlier I would have pushed for a test then, but she was adamant the child was mine and everything seemed 'right', I had no reason to doubt her.
They've also told me that they will not seek to recover the money from the mother as this could adversely affect the child (ie giving the family less money to live on) and that if they find the real dad that he will only be liable from the point at which they find him rather than from the beginning!!
It's an absolute scandal.
If you have any doubts I would say you need to think about it after speaking with someone from the legal trade re access once you have disputed paternity.
MattyF replying to this is a long shot given the time lapse but you never know.
I am in the exact same position as you, started paying CSA in 1997 and found out that my daughter is not mine in 2003.
The CSA refusing to give me any refund. I have tried a solicitor and my MP, but I have got nowhere.
Have you had any luck since your initial post?
Scott.
It must be a standard thing with the solicitors. My son went to court and things have come out about her past that we did not know of. He was told before the child was born that she was cheating but we thought it was just her family trying to get us to not be involved with the child. We told the solicitors but they said that the judge would not look favourably on him if he brought this up. We have been waiting until he has contact away from a contact centre and are going to get a private DNA test done just to make sure that the child is actually his.
The CSA letter arrived in the post a couple of weeks ago and there is a part where it says if he might not be the father. Will tell him to put a note on there that he has his doubts (just in case).
Hope you get somewhere with this and get your money back.
Yes I would definitely make them aware that a doubt exists but you have been advised by your solicitor not to address it until after the court case. They might want to discuss it with the mother though which might cause a problem. Perhaps a phone call to discuss might be a good idea.
All this is exceptionally scary and makes me question my previously alleged virgin ex.
Ways forward
1. MP - this is fraud - section 6....see previous post
http://www.dad.info/dad-talk-forum/legal-eagle/34693-liability-order-help
2. Small claims court
3. Keep all correspondence - If you were given money from a bank due to an error - the fraud squad would be all over you, so the same should apply here (unfortunately not for the good father folk - but try try try).
BW
As you have already tried your MP and a solicitor then I am at a loss as to what else to suggest. When you found out in 2003, did the CSA stop the payments quickly or did it drag on? I've read somewhere that you are entitled to a refund for money paid after you told them about the negative paternity test, but anything paid before that is non negotiable.
I am in exactly the same boat. I have paid 11 years for a child that was confirmed to be not mine through cellmark and cms will not refund my money either..this is wrong on so many levels and I too have been left in a crippling financial position as a result of this. Cms say that I can't prove I raised this throughout the case, their right,most communications took place over the phone but that doesn't change the fact that I have paid for 11 years for a child that is not mine.
This is such injustice and they shouldn't be allowed to get away with it.
Stephen
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