I'm writing this on behalf of my fiancé as I am very confused. This will probably be quite lengthy so do bare with me.
We have recently welcomed into the world our first son. My partner already has a son who we travel to see and have stay with us every other weekend (note here we do not pay matinence for this child as we give her money and help when needed as well as having him)
An ex of my partner is claiming that a child she gave birth to December 2014 is his - she has sent threatening messages to myself, my family and to my partner (as of recent). My partner denies the child is his and has told the CSA this. However we moved away February last year and heard nothing from them little did we know letters were being sent to our old address and returned to them.
We have since moved again and in a week have received 4 letters from them - they are claiming that they will be deducting just under £400 (40%) of my fiances wages. Here I am confused as presumed percentage cannot come into place here as they were never married and he never refused a DNA test and obviously isn't on the birth certificate.
Will we have to pay for this DNA test if it comes to that? Or can any woman decide to name someone and make them pay?
Aside from that - with 1 child living with us on a permanent basis will this change the amount they can take? And also the second child who we see every other weekend be taken into consideration?
I will add here again, we have never seen the third child and knew nothing about him until a letter through the post from the CSA informing that we owe them money for this child who has been born.
Myself and my partner work very hard and have never claimed benefits. Due to our first child being born I am now unemployed, all we have to live off is my partners wages. Once tax is taken and then possibly this £400 and rent and bills which he will pay everything we will have no money to cover all of this let alone eat or feed our newborn baby. Will they take into consideration any of this?
I hope someone can help here and give advice on the best way to deal with the CSA as to them I presume they think we have ignored them. I feel at wits end - trying to raise our baby and having all of this when it should be the happiest times is awful.
Thank you.
Hi Just some really quick advice
The CMS will
a) take into account your child living with you and your partner
The CMS can
b) take into account your partners other child, (called a relevant child in CMS speak) but will likely ask for proof of a written agreement (known as a family based arrangement) - which can be as simple as a signed letter (by all parties) setting out how much will be paid/when/the frequency, etc (from whom to whom for a child [named]), if this does not go through CMS.
Both of these things will reduce the child maintenance liability imposed on your partner.
With regards to the most recent claim - of which your partner disputes parentage - your partner must get in touch with the CMS as soon as possible to:
1. Clarify the lack of notification (if you moved address - then provide them with proof of the date of the move).
2. Dispute parentage - which is described here https://www.gov.uk/child-maintenance/disagreements-about-parentage
The CMS can "assume" parentage - and any amount worked out is liable to be paid until it can be proven (via DNA, or court) that the child is not your partners (this is why they have made the deductions). But basically, if the child is not his, he needs to sort this out with the CMS as they will continue to "assume" he is the child's father.
Any costs (payments for the disputed child and the costs of DNA testing (which must be done at an approved test facility)) will be refunded if the DNA test is negative, or the mother of the child provides no other evidence proving your partner as the father.
You can see more information about DNA testing here: https://www.gov.uk/dna-testing-parentage-disagreements
hope that helps and good luck
Thank you that was very helpful.
When we moved back it wasn't until October that we are in the flat we are now (they've somehow got this address - yet the wrong employer?) we were sleeping on friends sofas and staying in hotels as a way of having somewhere to sleep at night how would I show this as where we were living?
Also, as they were never married and he never refused to do a dna test is that still used as presumed parentage?
My son was born was menejitis just a few weeks ago and with them threatening to take £362 a month for this one child I have no idea how we will afford to feed him or supply nappies.
My partner earns roughly £23,000 - we have this child together and then the second who we see every other weekend - is £362 roughly the correct amount we should be paying? We have arrears of £2,500 currently. I don't understand how they can work out this amount when they don't even know his salary.
Sorry to ramble on and ask so many questions this is just all very new and I'm one very scared mummy. I just want a safe home for my baby where we can provide for him. In terms or responding to them is it best to call or write a letter as well as including attached details and files regarding our residency and moving and the other child?
Many thanks,
Hannah.
Thank you that was very helpful.
When we moved back it wasn't until October that we are in the flat we are now (they've somehow got this address - yet the wrong employer?) we were sleeping on friends sofas and staying in hotels as a way of having somewhere to sleep at night how would I show this as where we were living?
Also, as they were never married and he never refused to do a dna test is that still used as presumed parentage?
My son was born was menejitis just a few weeks ago and with them threatening to take £362 a month for this one child I have no idea how we will afford to feed him or supply nappies.
My partner earns roughly £23,000 - we have this child together and then the second who we see every other weekend - is £362 roughly the correct amount we should be paying? We have arrears of £2,500 currently. I don't understand how they can work out this amount when they don't even know his salary.
Sorry to ramble on and ask so many questions this is just all very new and I'm one very scared mummy. I just want a safe home for my baby where we can provide for him. In terms or responding to them is it best to call or write a letter as well as including attached details and files regarding our residency and moving and the other child?
Many thanks,
Hannah.
Hi
Regarding information to give to the CMS to show that they sent letters to an incorrect address, I am not sure I can be of much help here - the only thing I can suggest is that you speak to the CMS about this to ask what they want to see.
Regarding parentage - yes the CMS consider it down to the father to prove he is *not* the father. While somewhat unfair - I suppose there is not really another way to get "reluctant fathers" to pay. But, as I said - if the test is proven negative - then all costs should be refunded.
Regarding the amounts you give, the best thing (to give you an idea) is to use the calculator below
http://www.cmoptions.org/en/calculator
But if your partners salary of 23k, then £362 per month sounds quite high (but there is probably a 20% charge on that, arrears and maybe other fines too). The CMS will request salary details direct from HMRC, so they don't need to have spoken to your partner to do this. And they are also able to "estimate" a salary, in certain situations. For information, 23k salary equates to roughly £440 gross income per week (and any pension contributions should be taken off this amount).
What I suggest - is for you to call CM Options (this is not CMS, but they can give you some advice) or do a live chat with them?
http://www.cmoptions.org/en/contact/livechat.asp
To make a claim with CMS, people have to go through CM Options first, usually. Only the person named on the CMS paperwork can discuss their case with CMS - but CM Options will be able to answer questions of a general nature (and not about specific cases). So for instance you could ask about what happens if a person does not get letters and CMS decide to take maintenance direct from their account, how do they work out maintenance - and if there has a been a mix up, is there some way to go back to the standard calculation, etc?
CM Options may ask for your details (name and/or national insurance number) if you telephone them, and I am not sure what they ask for during a live chat.
There really is no alternative than for your partner to sort this out with CMS, and possibly via a DNA.
Hope helps.