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Clare, Solicitor
Category: Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Please can you provide as much detail as possible to my question

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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?
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?
Customer: replied 3 years ago.
Hi Clare,
According to the results the mother received back which I saw myself I am. The child is 2 years old.
What makes you think that you are not liable for maintenance in this situation?
Customer: replied 3 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.
Do you wish to be involved with the child?
Customer: replied 3 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
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
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
Customer: replied 3 years ago.
What about lying about the birth certificate?
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
Customer: replied 3 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
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 and other Law Specialists are ready to help you