Disputing parentage.
We would not normally be giving advice on this particular subject
as the aim of the site is to offer bailiff
advice. However, it may be that you would be disputing
the grounds on which a bailiff can be claiming money from you,
on the basis that you dispute parentage. For this reason, we are
giving the following information. For more in-depth information
on this subject, you will need to refer to the CSA website, details
of which are given at the end of this page.
It is important to understand, that the CSA cannot pursue a claim
against you unless:
• you name appears on the child’s birth certificate.
• you admit to being the father of the child.
• a DNA test proves that you are the father.
• you were married to the Parent with Care at the time of
conception or birth or, a declaration of parentage has been made.
• you refuse to take a DNA test.
If you do receive a letter from the CSA, and you have doubts
that you are the father, it is important to write to them saying
that you dispute paternity. Ideally, this should be done upon
initial contact.
If paternity is disputed after an
assessment has been made, the NRP has to make arrangements for
organising a DNA test. If paternity is disputed from the outset,
the onus is on the CSA to organise the DNA test.
Do not simply ignore the letter hoping that the matter will go
away…it may do for a while…..but it will come back!!
Until, and unless, you are proved to be the father, you will
be the “alleged non-resident” parent and will not
have a maintenance liability. When parentage is disputed however,
the CSA can sometimes presume that
you are the father.
By challenging parentage you should be aware that there are a
number of presumptions listed with the CSA and if you wish to
challenge on these you should be aware that it is the
father…..not the Child Support Agency who shall be
responsible for proving they are not the child’s father.
If the alleged non-resident parent denies parentage, and none
of the presumptions apply, the CSA will usually suggest a DNA
test. Both the alleged non-parent and the parent will need to
agree to take the test and must provide
samples for testing .It will be for the parent with care to give
consent for the child to be tested. If the child lives with a
person with care and both parents are non-resident, it will be
the parents who need to take the test, but the person
with care will normally need to agree to the child being
tested.
DNA testing will delay the child
maintenance calculation, but it will not alter the date from which
child maintenance starts. If the alleged non-parent is found to
be the father, they will have to pay maintenance to also include
arrears from the date that the child maintenance calculation took
effect, as well as the fee for the test. Please note: you will
not be responsible from the date the
child was born….only the date that child maintenance took
effect.
If you refuse testing….the
CSA will presume that you are the
father and will work out child maintenance.
In the case of Parents with care who get either Income Support or Income based Jobseekers Allowance, if they refuse to take a DNA test they may in fact face a benefit penalty…this will be waived if good cause is given for the refusal. Please note; that the penalty in benefit is 40% of the adult personal allowance for Income Support or Income based Jobseekers Allowance.
There is a fee to pay in the event that DNA testing is required. The CSA has a contract with a DNA testing company that they can refer clients to. The responsibility to pay is usually on the non-resident parent not the parent with care…but the amount that you will pay will be at a discounted rate. If the test shows that the alleged non resident parent is not the parent of the child…the fee if refunded by the CSA.
The current fee for testing 2 parents and one child is £194.13 for the discounted rate if paid in advance, and £257.58 if paid by the Child Support Agency. The discounted rate would apply where you are unable to afford the fee.
The arrangements for this test are complicated, and you will need to refer to the Child Support Agency’s website for further details. The DNA testing company will send the results by post to the alleged non parent, the parent with care and the CSA. You can arrange for your own DNA test, but the CSA will only accept the results from companies that adhere to the Government’s Code of Practice and Guidance on Genetic Paternity Testing Services. |
