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Legal matters

My Ex partner is trying to stalled the CSA

14 replies

AMummyFromNotts · 04/01/2012 21:28

I informed my ex partner that the CSA is now involved with paying maintanace he was paying it before hand but was told by a solicitors he no longer needs to because he isn't on the Birth Cert (for a valid reason), which i don't want to go into . I already know that bit true anyways

Although he been to solicitors fighting for access which of course he always been granted however just makes thing difficult for i and himself more than less by playing up and asking on days which he know isn't convenient which he been using against me as edvience although i never said directly that he couldn't see his child.
Anyways i changed my phone number because i was dealing with number of threats off him, i also moved house and didn't disclose where i lived for a number of reason aswell however offered to meet him in local places.

Anyways now he making all sort of excuses such as he isn't the father and trying to stalled the CSA .Also making out he living at all sorts of addresses to get out of being contacted etc
I know 100% he is the father not even a second doubt in my mind and i will accept the DNA test, if offered.
If he proved to be the dad(which he will) via through DNA testing will i be legally forced to put him on birth Certificate?
Is there any conquences in place for him trying to stalled the CSA?
I.e. i have emails of him using the excuses to stalled the CSA could i pass them on to the CSA?

OP posts:

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BITCAT · 05/01/2012 00:16

i dont think they can legally force you to put him on the birth certificate. Does he work?? and if he disputes the child is his he will have to pay for the cost of the test..Maybe look into seeking legal advice yourself..you may get legal aid..and they can clear things up for you to ease your mind. Even if he does stall them a bit they will catch up with him and he will have to pay any monies owed to you..backdated to the date the claim was made. As he has made threats towards you, then you have every right to cut him off but you could try setting up a certain day and time for him to see his child thats suits you both and if he cant do that then you have fullfilled your end, a child needs stability and routine so to have a set day and time that your child konws he will be seeing daddy, then that is much better for them. The best advice i can give is to get an appointment with a solicitor/ maybe citizens advice and go have a chat. Put your mind at rest. Tbh id get on with being a mum and let the csa do there thing, he sounds like he is not worth worrying yourself over anyway. Good luck hun

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prh47bridge · 05/01/2012 00:24

You say you have emails of him using excuses to stall the CSA and ask if you should pass them on to the CSA. Have you actually referred the case to the CSA? He cannot stall the CSA by sending you emails. If you have put off referring the case to the CSA because of his emails I'm afraid there is no comeback for that. The CSA cannot backdate a claim.

If the CSA ask for a DNA test and it proves that he is the father he will have to pay for the test as well as paying any maintenance he owes.

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BITCAT · 05/01/2012 00:27

shes says the csa are already involved..so he cannot stall them..they will catch up with him either way..even if he keeps changing his address. Some men make me so mad.

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prh47bridge · 05/01/2012 00:33

She actually says she has told her ex that the CSA is involved but then she finishes her post by saying she has emails of him using the excuses to stall the CSA and asks if she could pass them on to the CSA. That made me wonder if she hasn't actually involved the CSA as yet, simply told her ex that she has, hence my comments.

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BITCAT · 05/01/2012 00:36

oh i see..oh i saw it as she had involved the csa and he was trying to use her as a go between to stall them. Sorry

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GalaxyAddict · 05/01/2012 00:49

The CSA will make him pay for the DNA test, which costs about £150 (I think), in which case he may all of a sudden admit to being the father! If he refuses to take the test then the CSA will assume he is the father. They will not make you put his name on the birth certificate. Everything will be back dated to when you made the first phonecall to set the agreement up.

Initially they probably won't want his emails etc, but if he claims he is not earning or lies and your weekly payment the CSA say he has to pay is less than you expected, then ask for it to be looked into again & send them all your evidence.

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AMummyFromNotts · 05/01/2012 01:17

Ok Thanks for your threads .
Yes i already put in a claim to the CSA .
Then told him i had .
He was paying for around 2 weeks then withdrawn all payments,i then left it for about 6 weeks hoping he may come forward to the CSA.But i guess once the socilitor told him he didn't have to pay legally he try to ecsape paying it because i presume he thought he had to legally pay it at the time.

Now he saying because he paying he wants to see the child which he could anyways ,however explained to him that a child isn't pay as you go and only because your paying it doesn't entitle you to take the child when it suits you etc bare in mind the child is very young still not even a year old

Now he just finding ways of escaping it such as making out i didn't put him on birth certificate, because i had doubts he the father which isn't the reason why at all . Speaking to a representative they told me it a valid reason to not.

Yes he does work.

I already lost out 4 weeks worth of payments meanwhile he trying to take court actions against me.Meanwhile he hasn't bothered made any contribution to the child so i might aswell file a case with the CSA as your only backdated from the claim date.

OP posts:

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AMummyFromNotts · 05/01/2012 01:22

Does anyone know the exact cost of CSA DNA tests? plus the handling fees etc
I also heard of cases where father fraud the test to get away with paying if so is there any things i can do in order to prevent this?

OP posts:

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GalaxyAddict · 05/01/2012 02:30

I can try & have a look at my paperwork in the morning about the cost.

I was worried that my ex would send a friend along to take the test, although once he found out he had to pay for it, he admitted he was the father - idiot!!!

The test has to be done by his GP & he has to take his passport or something similar with him as proof of his identity.

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GalaxyAddict · 05/01/2012 02:51

Just found this on the Direct Gov page

m.direct.gov.uk/syndicationController?action=view¶m=DG_199098&utn=458b75056a6e45029ac5201201050244

I hope the link has worked, I am on my phone, so not sure I have done it right

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GalaxyAddict · 05/01/2012 09:27

Op's - looks like the link did not work

try this link

www.direct.gov.uk/en/Parents/ChildMaintenance/IfyourealreadyusingtheChildSupportAgency/DG_199098

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BITCAT · 05/01/2012 18:38

If he works then they shud be able to find him and if he continues to refuse payment they will and can just take it direct from his wages. He sounds awful and rather childish..as you quite rightly say..it is not pay as you go, if they make a baby they have to accept responsibility for that child and help feed and cloth the child. Although in my experience its never enough to cover what you spend on clothes and food, my ex doesnt even give me enough to cover a pair of shoes for each child. But me and my partner work hard to make sure the kids are fed and clothed and have everything they need. Hope you get it all sorted and as i said either seek some proffessional advice or ask Csa to clarify exactly what will happen next and where you stand. I dont think he has a leg to stand on tbh but im not a proffessional..im talking from a moral point of view. Best of luck to you.

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MilitaryWag · 07/01/2012 16:07

The CSA will catch up with him one way or another. My ex played the 'Im not the father' card but it backfired because the test came back as 'yes you are, you tool' and he had to pay for the test. Does he work? Do you know where? My ex stalled like mad and changed jobs. I found out where he worked and told the CSA. They phoned him and told him that they would be using an attachment of earnings order and the maintenance was deducted form his salary by payroll and sent to CSA who then paid it into my account.

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AMummyFromNotts · 07/01/2012 17:44

Yes i know where he work and told them however not really too sure if he change jobs recently, personally i don't he can risk changing jobs all the time anyways so i know that won't happen.
Not exactly sure of his whereabouts as i am not to bothered about his personal life so avoiding asking such questions.
Hopfully he still within the same company but just based somewhere else.
Does anyone know how long it all takes?
Like you people said i honestly think as soon as he realises there an expense init he probably opt out .