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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2738
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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A woman is persecuting me by saying that I am the father of

Resolved Question:

A woman is persecuting me by saying that I am the father of her 13 year old son. She has refused a paternity test and the birth certificate says 'father unknown' - am I liable
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-What is she pursuing you for?

Customer: replied 11 months ago.
She is harassing my family by saying that the boy is mine - presumably, the request for money will follow shortly
Customer: replied 11 months ago.
I suspect that she thinks my family is well off and that they may pay money to stop the harrassment
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 11 months ago.
I don''t need to talk - a written answer will be fine
Customer: replied 11 months ago.
What I need to know is:
Can she now make this claim having:
1. Already refused any maintenance
2. Refused to name the father on the birth certificate
3. Refused a DNA test
She threatens to go to the CSA with this claim. What would that Agency's reaction be given the facts of the case
Expert:  Harris replied 11 months ago.

Thank you for the further information. If she is claiming that you are the father, despite you not being named on the birth certificate and her previously refusing maintenance, she would be entitled to make a claim to the Child Maintenance Service for maintenance and this is limited to a calculation based on your gross income and the amount of time the child spends with you overnight.

However, if you dispute being the father, then the CMS can be informed of this if she pursues a claim and they would require evidence from either of you to support parentage. If no evidence is readily available they will require a DNA test. you would then need to undertake a DNA/paternity test.

If there is a calculation in place for child maintenance, unfortunately you would need to pay the liability, however if it is later found that you are not the father then she will need to pay this back.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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