CSA and DNA tests

[BlueHeaven]

Does anyone here have any experience of the CSA bullying them into unwanted DNA tests? I had a letter last week, OFFERING a DNA test to determine the paternity of my child and it stated that IF I AGREE to the test, to sign the declaration. Well, for personal reasons I don't agree to a test, so didn't sign the form. Today I had another letter saying they will have to arrange for an interview to ascertain my reasons for NOT COMPLYING with the CSA, and FAILURE TO CO-OPERATE will result in up to a 40% reduction in my benefit. I do feel that they are bullying me into it. I don't want proof that this man is the father, neither does he. I know it would be best in case we need to know his medical history, etc. but..... I don't know what to do. He's not a nice man, it was a drunken one night stand, years ago and I've regretted it ever since (although I don't regret having my child, I love her to bits) Is there any way out of this? If he IS her father will he have any rights? He's not named on the birth certificate. Does anyone have any helpful advice?

[Pippa68]

Do you mean that you haven't asked for the test, and neither has he? in that case the CSA shouldn't be asking you.

I take it that there is resaon to believe he may not be the father..if this is the case then I don't see why you wouldn't want the test just to make sure. I would assume that the CSA are doing their job (at last) in that they are trying to collect maintenance from the father of your child..I would also assume that if this is so, the father may have doubts whether he is the father and has said as much to the CSA?

As for his rights, well..this is where I find it gets sticky! I believe that if he is paying maintenance then both he and your child have the right to contact. However, legally this is a grey area as the CSA will only collect money and legally speaking he does not have automatic rights to contact even if he is paying maintenance. He could, however, get himself a solicitor and start proceedings if he wishes. You can of course contest this, but it will all depend on both circumstances. If he never knew of the childs existence he may well gain contact, but if he knew about it and didn't try to contact his child it may not go his way.

However, if he has evidence of trying to contact his child and you have prevented it, the situation may not go your way either.

[BlueHeaven]

Thanks Pippa. To expand a bit...
To my knowledge, neither of us have asked for the test. When my child was a baby (now 8) the CSA tried to get him to have a DNA test, but he refused. They asked me if I wanted him taken to court and I said no, so they closed the case and said I wouldn't be able to bring it up again in future.
There is another man who may be the father but he does not live in this country so CSA won't or can't contact him. I think the reason I don't want to know for sure is that I'm a bit scared, of what exactly, I'm not really sure. It's all just got me feeling very anxious. I am ashamed of the way I was back then, and I don't want my family to find out about it all. Btw, I am single and this is my only child - she has never been bothered about not having a dad and in fact has said she is glad it's just me and her.
Agreed, the CSA are doing their job, but the wording in the letter feels like I'm being bullied into it. The man in question has never tried to contact me or my child and as I said, she is now 8. I don't even know where he lives, but he's not from around here.

[spinchimp]

The father of the child (whoever he is) should be helping to pay for the upkeep of the child. Thats the principle behind the CSA. I agree with it - I don't really see why taxpayers money should be used if the father can contribute.

[noxlumos]

The CSA are appalling. Tell them to shove it and go and see a solicitor. Lots of them do free 1/2 hour appointments. You shouldn't be pressureised into this.Aren't the CSA ceasing to be later in the year anyway?

[mycats]

I refused to tell the CSA who my sons father was because he is an evil, violent, bully and NO WAY was I gonna give him anyway into our lives (and I was with him for five years, before anyone says anything).
Stick to your guns Heaven! Eventually I got a letter from the home office telling the CSA to leave me alone lol
Go and see a solicitor

[Pippa68]

I certainly hope they will cease soon, nox ~ we have had no end of problems with them in the last 11 years. Mr Pippa *owes* �15,000 worth of arrears on paper simply because they never got the correct calculation and took ages to respond.

At one point we had 3 payments go out in the same month due to bank error. The CSA wouldn't refund it because of the arrears, and the bank wouldn't either. It was a nightmare which eventually contributed to Mr Pippa going bankrupt. He has always paid maintenance, as he should ~ but the CSA fail to take into account new circumstances regarding both parties. They are only interested in collecting monies from existing clients, which stinks to high heaven.

[kazza12345]

i would agree that if neither of you want the dna test fair enough ... but if you are claiming benefits because the father dosent pay then i would say you ought to have the test. Especially if he can pay. I agree with spinchimp. You would have the luxury of having nothing to do with the father and not raking up the past if you werent claiming benefits, but you are!

[mycats]

The thing is if you are claiming benifits, you dont get the money that is taken from the father anyway.

[BlueHeaven]

Wow lots of helpful answers, thank you all very much.

It's a fair point that I am on benefits so I basically have to do whatever the CSA wants, and Kazza and Spinchimp I agree, why should the taxpayers pay for my child when the money could come from the father. But also, what Mycats says is correct - the CSA simply take the money from the father, it wouldn't come to me. Although presumably I would still get Child Benefit. By the way, I do work part time, so I'm not a complete bludger, and would love to come off benefits completely - unfortunately, circumstances prevent me from doing so at the moment.

What's this about the CSA ceasing to exist later this year? I haven't heard about that. But presumably, they will be replaced with some other organisation that will end up doing the same thing?

Back to my questions - this man is not named on the birth certificate and has never tried to contact me or my child... If he is proved to be the father, will I have to let him have access even though it has been 8 years and my daughter doesn't want to know? If it went to court, would I stand a good chance that it would go in my favour?

[kazza12345]

thats really interesting - why dosent the csa just give people the money that the father gives them? I didn't mean to suggest you were a hopeless layabout, and i'm sorry if i gave you that impression

[BlueHeaven]

Kazza - I certainly feel like a hopeless layabout sometimes! Don't worry, I think all the replies state very valid opinions, I'm just grateful for all the advice and/or opinions I can get. You're entitled to say whatever you like, I take what helps and leave the rest :o)

[BlueHeaven]

Sorry Kazza, I completely forgot to answer your question! As far as I am aware, if proved to be the father, he will have to pay back the Child Benefit that I have received in the last 8 years, to the CSA - if that makes sense. I *think* that when he had finished paying it back, I would then receive a similar amount from him to replace the Child Benefit ..... but not 100% sure that's how it works. Perhaps someone else knows better and will come and enlighten us...(hopefully)

[mycats]

BlueHeaven - Child Benefit is nothing to do with maintenance payments, every parent who has responsibilty for a child gets child benefit, regardless of income. I dont even know if he will have to pay back maintenance. If he is proved to be the father, the CSA will assess his income, outgoings, family circumstances and decide how much he can afford to pay (then generally demand twice as much) it wont make any difference to the ammount of money you get..

[mycats]

BlueHeaven - Child Benefit is nothing to do with maintenance payments, every parent who has responsibilty for a child gets child benefit, regardless of income. I dont even know if he will have to pay back maintenance. If he is proved to be the father, the CSA will assess his income, outgoings, family circumstances and decide how much he can afford to pay (then generally demand twice as much) it wont make any difference to the amount of money you get..

[mycats]

ooops posted twice sorry

[Le Chat]

BlueHeaven. You need to contact ICE who are the regulators of The Child Support Agency. (A little known fact!!) They are for people who feel they have been badly treated by the CSA. www.ind-case-exam.org.uk.
Good luck.

[Liza B]

HI I do know that he has no rights what so ever to see the child or have any say in the childs upbringing if he is not named on the birth certificate, as for the CSA they are usless. My daughter had to have DNA for her baby and the dad as he said he didn't have a child (well his mum said that) They told him he had to take it or they would assume he was the father, he had to pay for it and if he wasn't then he would get his money back and my daughter would have to pay. He was the dad, that was a year ago and my daughter still has not had any payments. From what I can gather the CSA can make you take the test if you want money from them. If you get any money from them they then deduct that amount off of your benefits so you are no better off.
Waste of time if you ask me and so much trouble, but because you are on benefits this is why they have been in touch.
HOpe it works out for you.

take care
liza xxx

[Pippa68]

The CSA will not ask him for back pay ~ they will assess him from a certain date, which is usually the date you have applied from, or in our case when they get round to it ;o)

[BlueHeaven]

I must thank you all again, you've been so helpful and are really helping me to feel less anxious and confused about it all.

'Le Chat' - thank you for the link - very interesting site, but it says that I would have to go through the CSA's own complaints procedure first (and the CSA have only given me until next Tuesday to sign this form consenting to DNA testing) and that could take some time. I will keep it in mind though.

'Liza B' - thank you, I hope the first sentence in your reply is true in all cases as if it is, that really puts my mind at ease.

I'm still interested in hearing of other peoples' experiences and opinions on this.

[Pippa68]

I do have to correct Liza B slightly..in actual fact even if the father is named on the birth certificate he wouldn't have any parental rights if he isn't married to the mother. He would have to apply through the courts for parental responsibility.

This is only the case for children born before December 2003. After this date, automatic PR was given for unmarried fathers ~ which I believe to be a positive change in the most part!

BlueHeaven..I hope all goes well for you. I can't tell you what the outcome will be with regards to contact as it all depends on the fathers wishes & how good his solicitor is (if he gets one). He may be the type who wants to see what he is paying for, or he might just pay and not care. Who knows?

Take care & good luck xx