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bigbernie

advice re csa and education

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Hi Guys, Im not new on here, couldnt find my email and password so had to re-register!

 

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 fight this as much as possible and not be taken as a meal ticket for the feckless 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.

 

Hope you can advise... thanks

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Hmm tricky one. Firstly I'm not sure if by being on the birth certificate your ex husband has parental responsibility for the 19 year old even tho he is not the biological dad. Secondly your husband is perfectly entitled to ask for a DNA test if there is any doubt over who the father of the 16 year old is. I must admit tho I don't get why she is saying he isn't your husbands child but then trying to claim CSA for him off your husband. Thirdly CSA is payable as long as child benefit is being received for the children in question. Unless they are both at college then I doubt she would be getting it for the 19 year old. The 16 year old might not be in full time education as such but as long as he is doing a certain number of hours in college then it counts. Finally I believe CSA can be back dated to the date the claim was opened so bearing that in mind I suggest you fully co-operate with them and get the ball rolling on a DNA test

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hi ros

 

thanks for your response. Ive been on another forum today and got some help there. I think the way to go is with the DNA. The csa will presume hes the biological father because of his name being on the birth certificates and because hes stuck his head in the sand over this, its going to take some sorting out. The 19 year old may be over age now, but my concern with her is if they ask for any backdated payments, hes definitely 100% not her father.

 

With the youngest, the ex has said that hes not his, but we dont know until he's dna tested also because the ex is approaching 60, has never worked and doesnt want to work, she'll be looking at us as somesort of meal ticket. The woman wouldnt know how to spell moral, nevermind have any.

 

Ive also spoken to a solicitor today, so we'll look at that too.

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I have to admit I've been thinking about this one since replying and was going to come back and say I think legal advice might be a good option to consider. Definitely think you need the DNA tests tho. Keep us updated with what happens please :)

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i will do Ros. Im really annoyed at the moment, i dont mind paying (if hes his son?) but when she spent the time with my husband and basically spent his wages on herself and her kids, there was no food for him and even kicked him while he slept. - and now she wants money, bl**dy horrid woman. (i know im ranting) :evil:

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