How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

my husband was married before and had two daughters with this

Customer Question

my husband was married before and had two daughters with this woman he paid mantenance through the court now she claims that she had a son who is now twenty one and that my husband is his father also. the csa have obtained a liability order against my husband for back maintenance even though they have not done any dna tests. they say we have to pay for a dna test ourselves. my husband suffered his second stroke last september and hasnt worked since. he has been told that he is not entitled to any benefits. i am working seventy hours a week to try and pay rent bills ect but we are still struggling. he received a letter this morning saying baliffs wlll be attending our property unless my husband pays up. can they legally do this. my husband will have no choice than to file for bankrupcy.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
I will do my best to assist you but need some further information first,
When did your husband first hear from the CSA?
Does he know where the young man is now?
Claire
Customer: replied 3 years ago.


they phoned him roughly three years ago and claimed he owed them fifty three thousand pounds. he thought it was a friend trying to wind him up. he did however explain that no dna was ever offered. then he started receiving letters from them about a year ago. we wrote back and told them the same thing and they said that we had to pay for dna testing ourselves. we telephoned them and said that we could not afford to do that and then we heard nothing until they sent us a liability order and now we have received a baliffs letter. as far as we are aware the boy lives in birmingham.

Expert:  Clare replied 3 years ago.
Hi
I meant when did he first hear from the CSA about the child - when he first raised the issue of the DNA.
Claire
Customer: replied 3 years ago.


they phoned my husband approx three and a half years ago

Expert:  Clare replied 3 years ago.
Hi
Is he certain that that was the first time - that he had never ever heard from them before?
Claire
Customer: replied 3 years ago.


yes he is the phone call was first then the letters started

Expert:  Clare replied 3 years ago.
Hi
When did he first become aware of the existence of this child?
Claire
Customer: replied 3 years ago.


he did know about him but after a few months he could see there was no family resemblance after more rows he left when his ex contacted him asking for maintenance he said he wanted proof that the child was his and never heard anything till the phone call and letters off csa

Expert:  Clare replied 3 years ago.
Hi
Was he named on the birth certificate and were they married?
Claire
Customer: replied 3 years ago.


no they was divorced and he does not remember signing birth certificate

Expert:  Clare replied 3 years ago.
Hi
Was the child born within nine months of the divorce?
Claire
Customer: replied 3 years ago.


no it was nearly 2years after

Expert:  Clare replied 3 years ago.
Hi
The starting point is for your husband to get a full copy of his file from the CSA - this costs £10 under the Freedom of Information Act
This should tell him when his ex first made a claim.
I am afraid that you made a major error when you did not pay for the DNA testing as that is the only point in the CSA process when it can be enforced.
In order to deal with the matter now your husband is going to have to apply to the Court for a Declaration of Parentage and pay for a private DNA test by a Court approved firm if he is to have any chance of having the liability order lifted.
Even if he is the father he may be able to get the amount outstanding reduced as it is unlikely that the figures they have used are correct
He can get assistance from the group here
http://www.nacsa.co.uk/
I am afraid than bankruptcy will not assist him - the debt will survive it
Claire

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice