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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 7225
Experience:  Owner at James Bruce Solicitors
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Can you be made to pay maternity payments if you are not

This answer was rated:

Hi and hello.
JA: Where is this? It matters because laws vary by location.
Customer: can you be made to pay maternity payments if you are not named as the father or ever proven to be so? this is in the UK
JA: What steps have you taken so far?
Customer: None. this all happened a long time ago
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter. 

if the father is not named on the birth certificate, but the mother makes a claim to CMS child maintenance services for child maintenance, then there would be a presumption that the person being named as the father is the father and the could indeed be made to pay child maintenance.

However, the person being named as the father, can challenge this and insist on a paternity test to establish whether they are indeed the biological father or not. If the mother refuses, then the matter would go to the family court who will order a DNA test to establish paternity.

Customer: replied 13 days ago.
Hi James
this all happened when i was 17, now 65. I was accused of being the father of a child and taken to court for maintenance, small sums paid as I was still at school and they increased until the child was 18. While i admitted to having sex it seemed to be rail rolled in to a verdict that that was the case, there was no blood test and has never (when they arrived) a DNA. the relationship with the child feeling obliged to have one didn't materialise until she was 14. The whole time it has been acrimonious and vitriol from the mothers and her side. I has caused great hurt all round. I would like it to go away and read that if there was no name on the birth certificate of the father as is the case. I should not have paid child support unless proven so.
Customer: replied 13 days ago.
Are there grounds to have this rescinded?

So all this happened 48 years ago.?

Customer: replied 13 days ago.
is that a problem, to be falsely accused? as may be the case

The main issue you would have now is establishing a paternity test. The child is no longer a child and as an adult can simply refuse a test and no court can order the adult to give a test.

You would need to seek their consent to do that.

If they do consent and it is established that they are not your child, then it could be possible to take action against the mother.

There is case law where a person named as the father paid child maintenance for 4 years, then later sought a paternity test when roomers speak that he was not the father, the test proved that to be the case and the court awarded him £25,000 damages.

Customer: replied 13 days ago.
That would be a result, I do not want the money i want the record straight one way or the other. I believe the mother died a few years back, but can't help wondering why the court allowed it to happen without proof. only hearsay. the lady in question had a dubious reputation and I have fely in my soul that I was the scape goat. Morals aside. the just knowing would be good. As I want to ride my self either way of a vile person the daughter is and the hate and hurt they caused my family. I guess my next stage is to see if I can get a DNA sample and test parenthood?
Customer: replied 13 days ago.
rid not ride

Correct the starting point would be to have a paternity test

Customer: replied 13 days ago.
Thank you for your time. Onwards with the quest.

Good luck.

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