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Question,
I have been paying maintenance for what I thought was my son for 7 years (without seeing him) when I then went through CMS and had a DNA test (id been told i may not be the father nack when he was around 2) which proved I was NOT the biological father. I have paid thousands is there any grounds to get this money back?
Hi there
Why didn't you pursue a Paternity test when you were first told five years ago? I think it would be difficult to claim that you were being deceived because of this.
The only way I could see that you could try and get the money repaid would be through a civil claim in the small claims court, but there would be no guarantee that you would be successful, especially as you were told of the doubt and didn't follow up.
If you've paid through the CMS then you may be able to get some of it back, it's a matter of talking to them about it.
All the best
The CMS won't concern themselves with any payment from before the DNA test, and to be honest, I think there is a time limit on civil claims through the small claims court - I think it may be about 6 months, though not sure at all about this, but I don't think it's the sort of cases they would necessarily deal with.
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