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: 33810
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

Please can you provide as much detail as possible to my question

Resolved Question:

Please can you provide as much detail as possible to my question with references to legal documents if possible please.
I have had a CMS claim made against me. The mother was and is still married. The child was born with her husbands full knowledge of what happened and a DNA test was taken by us both, posting our swab samples to the lab which came back with me as the biological father. Knowing he is not the father, the husband filled out the birth certificate and signed it declaring himself as the father (not step father or member of the family of etc). I called CMS and they told me she had said I was on the birth certificate. Is that fraud? My main question is, I have appealed to have the case quashed. I have obtained a copy of the birth certificate as evidence so do I stand a chance of winning my appeal?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity you are aware that you are indeed the biological father.
How old is the child?
Clare
Customer: replied 2 years ago.
Hi Clare,
According to the results the mother received back which I saw myself I am. The child is 2 years old.
Expert:  Clare replied 2 years ago.
Hi
What makes you think that you are not liable for maintenance in this situation?
Clare
Customer: replied 2 years ago.
The birth certificate clearly states the husband is the father and signed by him knowingly. I have a copy of the certificate to prove this. She wants me to play no part in his life.
Expert:  Clare replied 2 years ago.
Hi
Do you wish to be involved with the child?
Clare
Customer: replied 2 years ago.
After 2 years of no bonding I truly believe that in the best interests of the child I don't. I know what a negative impact it will have as his life will be filled with disputes and arguments from the mother on a constant basis. I am thinking solely of the child's best interests
Expert:  Clare replied 2 years ago.
Hi
I am sorry but the fact that you are not named on the birth certificate but the husband is does not mean that you do not have to pay child maintenance.
I am afraid that the CMS will offer you the option to have DNA testing (at your expense) on the basis that the money will be refunded if the child is not yours.
This is all set out here
https://www.gov.uk/child-maintenance/disagreements-about-parentage
Since they were married the husband was in fact entitled to Register the child as his even knowing that biologically the child was not his - however if you wish you can apply to the court to have the Certificate changed - even if you do not wish to pursue contact with the child
Please ask if you need further details
Clare
Customer: replied 2 years ago.
What about lying about the birth certificate?
Expert:  Clare replied 2 years ago.
Hi
It does not amount to fraud - it just means that she will have to give reasons why she is claiming you ar ethe father - and from what you say she has a DNA test to prove that
Clare
Customer: replied 2 years ago.
So this cannot be challenged even though from an individual perspective it is clearly wrong and regardless of the fact a full time wage comes in to their household each month, my family has to suffer while their quality of life improves? There must be some challenge surely? That is a massive flaw in the law otherwise
Expert:  Clare replied 2 years ago.
HI
Sadly if you are the biological father and the child has not been adopted then you are liable for child maintenance.
However you are then entitled to say that you wish to ensure that your child is able to exercise her right to have contact with both her parents - and for her birth certificate to represent the truth.
It may be that at that point the couple may decided to consider adoption to remove your rights and responsibilities
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you

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
< Previous | 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
 
 
 

Related Law Questions