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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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An ex girlfriend is trying to claim that I am the father of

Resolved Question:

An ex girlfriend is trying to claim that I am the father of her child so that she can claim maintenance from me even though she has named another man as the child's father on the birth certificate. My wages have now been arrested. Do I have to pay for this child when another man is named as the father on the birth certificate?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Do you deny that you may be the father?
Customer: replied 1 year ago.

yes I do deny it, however I don't want to do a DNA test.

I live in Jersey in the Channel Islands, not sure if the law here is any different to English law or not

Customer: replied 1 year ago.
Relist: Other.
Hi, could I get an answer to my question tonight please, I have been waiting for over 1 hour
Expert:  Thomas Judge replied 1 year ago.
I am afraid if you are the father you will have to pay maintenance even if another man is named on the birth certificate. The CMS can apply to court for confirmation that you’re the father of the child. The court will decide the case on the evidence available. The court can’t force you to have a DNA test but if you refuse, the court will probably declare you are the father.Happy to discuss. Please rate positive - thanks
Expert:  Clare replied 1 year ago.
You refer to your wages being "arrested" - could you explain which part of the Uk you are in.Where you aware of any court application
Customer: replied 1 year ago.

The man that she has named on the birth certificate is or was her husband (I am not sure if they are divorced yet) and he is the father to her other 4 children, does this make a difference? The local Jersey courts have ruled that I am the father as I did not attend any of the hearings and refused a DNA test however I have written to them on several occasions requesting to see the birth certificate so that I can establish myself when the conception was however my requests for a copy of the birth certificate have been ignored.

Thank you for your speedy response, I will post a positive feedback for you.

Expert:  Clare replied 1 year ago.
Where was the child born?
Customer: replied 1 year ago.

Jersey Channel islands

Expert:  Clare replied 1 year ago.
why did you not simply obtain a copy of the birth Certificate from the Registrar?
Customer: replied 1 year ago.

I wasn't aware that I could do that as I am not named on it.

Customer: replied 1 year ago.
Relist: Other.
Hi Claire, sorry I am not one to complain but I am finding your response time very slow.
Expert:  Clare replied 1 year ago.
They are public documents and you can obtain a copy from the Registrar.In any event your failure to attend a hearing or agree to a DNA test is what has led you to this position.If there is another man named on the Birth Certificate then I assume that you did file a defence on that basisIf not then it is not a matter that would have been brought to the attention of the court.If you did then it is possible that there is already evidence that the man so named is NOT the father - hence your current position.It is not too late to deal with the matter - but to be blunt you will need to take a DNA test if you wish to recover your wagesPlease ask if you need further detailsClare
Customer: replied 1 year ago.

I have not raised this matter with the courts as I haven't seen the BC as yet, however I am aware that she has named her husband as the father. It is only since I have started a new relationship that this matter has arisen.

The courts have ruled that I must pay £60 a week and have contacted my employer to deduct this from my wages, I have no idea what grounds they have established this from.

Should I raise a defence with the courts with regard to not being named as father on the Birth certificate and will it be absolutely nessesary for me to do a DNA as I would rather not, I haven't really discussed this with my new partner as it has all come as a bit of an unwelcome surprise

Expert:  Clare replied 1 year ago.
The fact that you simply ignored the court means that a DNA test is going to be essential - sorry
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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