Thanks in advance for reading this, it is quite detailed.
I have heard numerous different stories, from friends / family, and the CSA themselves.
I found out in August that the child I had raised for 6 years wasn't mine, after completing a 'peace of mind' DNA test.
I then contacted the CSA to raise the doubt, to which they told me that because I had accepted parentage back in 2007, it was my responsibility to prove to them, legally, that I wasn't his father.
They told me that they wouldn't / couldn't make my ex partner complete her DNA test, and so I would need to get solicitors involved.
Once she was aware of my dispute, she has dragged out the process, requesting ridiculous demands in return for her completing her half of the DNA test, and done everything in her power to stop the truth coming out.
She has told me verbally that she knew all along that I wasn't his father, and that she was going to make it as awkward as possible for the truth to come out.
I have spent over £2000 on solicitors and DNA sampling, and it was only when she was threatened with court and covering my legal costs that she completed the test.
I have paid over £8000 in Child Maintenance since 2007, and she knew the whole time that I wasn't the father.
What i'm asking is if anybody knows if there is any way of challenging to get that money back?
The CSA have taken money from me, fraudulently, and passed it to her, so technically she would be required to pay me that money back?
I've heard so many stories that i'll get my money back, i'll get some back, and i'll get none back.
If anyone has any information then i'd be very grateful.
again, thanks for reading.
Hi
Technically, you should get the money back from the CSA from the date you told them that you disputed that you were the father, and you may also be entitled to claim the cost of the DNA test also. What it seems that you weren't told, and should have been, is that if your ex refused to agree to the DNA test, then the CSA take that as confirmation that you aren't the father, and your liability for maintenance also ceases.
You can't claims maintenance back from the CSA further back from the date as mentioned above - the CSA are correct in what they have said, and they were simply doing their job in collecting maintenance (and I'm not one to defend the CSA lightly). However, you are correct that your ex was claiming money fraudulently - they question is whether you can prove this? If you have anything at all in writing from your ex, then you may have a chance. You could try the fast track courts (usually called the small claims court) - this is for amounts less than £10,000 and you do this yourself, no solicitors costs involved, and the fees are quite low. If you lose, your only loss is the court fee - the threat of this may prompt your ex to pay some of the money, but bear in mind, she still has a child to support so a court is going to take that into account if it makes an award to you.
However, one last question - you have raised a son for six years as your own. What is the relationship like now, because for this boy, you are the only father he has ever known?