Advice please re: CSA, education and DNA

A question about : Advice please re: CSA, education and DNA

I hope you can advise on this, its like jeremy kyle but here goes.

My husband's ex has numerous kids by different fathers, there's 8 in total. Her two youngest kids are 19 and 16. My husband is on the 19 yearolds birth certificate as her father although, he is definitely not her father (he met the ex when she was 6 months pregnant). The 16 year old is supposed to be my husbands child, although the ex has said he isnt, but shes an idiot and we can only go on her word.

The ex, took the kids out of education, the eldest at 14 years, the youngest at 9 years old and was supposedly 'home schooling' them. She hasnt and the kids arent too bright, they have no qualifications and she has certainly not home schooled them, unless Mr X-box has come up with a whole new concept!

Weve started to get letters from the CSA demanding information. Firstly, im my husbands employer so Im not really happy about the CSA asking for my husbands details through my business, but i dont want a fine, but i certainly dont want to help them.

Obviously, I want to get the facts right on this as much as possible and not be taken as a meal ticket for the !!!!less ex, who has never worked and uses the kids as an income.

My question is: the CSA state in all their literature 'the child in full-time education' but he hasnt been in education for 7 years. We are wondering if the 16 yearold has been made to go to college to try and get him reading and writing? but it still wouldnt be full-time education.

Also, we want to DNA test both kids, we know that my husband is not the father to the eldest, but because he was such a moron, the CSA want to put this on him. I understand that if the kids and ex refuse this the case is closed.

Also would they be able to back date the CSA?

Were ignoring their communications at the moment until, i have some information. The family live on the next street to us, but the youngest isnt allowed to acknowledge my husband, even when my husband says 'hello' to him in passing. The ex threw my husband out in 2002, so its not as though he walked out.

Were not trying to avoid, we just dont want to be had for a pair of mugs.

Hope you can advise... thanks

Best answers:

• With regard to education, they are still classed as in full time education if in college studying up to and including NVQ Level 3. All the time child benefit is being claimed Child Maintenance is due. If one child is now 19 then if CM is due, it will not be for very long.
  With regard to DNA testing, your husband should request this ASAP, when he first received correspondence. He will have to pay for it but if the result is that both kids are not his then he will be refunded. I fear that as the CSA have gone to his employer that he has been ignoring their letters so they may tell him to arrange DNA testing himself.
  This could open a can of worms though, it is illegal to knowingly name yourself on the birth certificate of a child whom you know that you are not the biological father so could land your husband in trouble.
  Do not ignore their communication, your husband needs to deal with as a priority.
  To be honest, its not really your place to deal with. Your husband made the daft decision to lie about paternity and it appears this could come back to bite him in the bum so the saying says!
• Thanks shoediva. Im having to find out about this, as my hubby thinks if he ignores it, itll go away, and he wont find any information out. I went mad with him when he told me he had put his name on the birth cert especially as he know the child certainly wasnt his. He said he was told to do it or get out, by the ex. He has seen a solicitor over this but I dont think the advice was great, as I have told him he needs to get his name off it, but the solicitor advised to leave it on.
  So, youre advice is to DNA straight away? Also what about the 'home schooling' ? The social services were supposed to overview this as the ex has been monitored by the social services for years, but there doesnt seem to be any monitoring at all about the childs education, and the CSA says in full time education?
• and also if they refuse DNA testing, am i right in assuming that the CSA cannot chase the case?
• if he has been ignoring letters then the CSA may have already deemed him as parent of both kids, he needed to deny paternity when he first received contact from them.
  Home schooling is a form of education and CM is linked to child benefit so all the time that the children's mother is in receipt of child benefit, CM will be liable.
  Your concerns over if they are actually being schooled is nothing to do with the CSA, social services or local education will look into it, but like I said, home schooling is a form of education and as such CB is probably being paid.
  Yes, if the mother refuses DNA testing then the CSA will close the case.. HOWEVER, as your husband has ignored the CSA they may have deemed him as parent (as he hasnt denied it) and if this is the case your husband will have to arrange DNA testing off his own back with a testing company recommended by the CSA (this used to be Cellmark) but if the mother refuses then the CSA wont close the case as paternity would have been assumed by him ignoring the letters.
  If he has to arrange himself and his ex wont agree, he can take her to court to be ordered but this can be costly.
  If he can get the CSA to arrange testing then great, results come back (assuming mother and kids cooperate) and case is either closed or assessment put in place if he is the father.
  I would try and put your personal feelings about the children's mother and their upbringing to one side. As an employer you are bound by law to complete the forms the CSA have sent you so I wouldnt delay, but in the meantime get your hubby to see if they will arrange testing.
• To be blunt, your husband burying his head in the sand and being named on birth certificates when he knew he wasn't the father have not put him in a good position.
  To answer your question about backdating, assessments will be made from when the case was opened so if that was, for example, last week, then he is liable from last week. If his ex opened the case a year ago then expect arrears.
• Thanks shoediva.
  Do you have any links to reputable DNA testing that is sustainable in court?
  Sorry to ask, but I dont want to spend the money on something thats no good.
• The CSA will advise you which company they accept DNA testing for. like I said, it used to be Cellmark (this is going back 15 years) so could have changed. The only reason your husband will have to go to court is to attempt to gain an order for his ex/kids to be tested.
  The first port of call is the CSA so paternity can be denied and then your husband will be able to see where he stands.
• Thanks for your help
• You should tell the CSA she led him to believe they were his kids and he put his name on the birth certificate in good faith = not doubting her!
  Not that he did so knowingly!