Here's the real questions:
Does a paternity DNA test have to be or must be established before any attempt can be made to collect child support?
**Recieved a letter stating he owes child support but he hasn't been established as the father nor is he on the birth certificate.**
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Unfortunatly no..the can request and begin collecting child support just on the mothers word that he is the father. Don’t pay a penny..notify everyone you can think of that you are contesting paternity..call child support services, a lawyer, the mother, and the court system and ask how to get that test done. I have heard of them collecting a ton of child support, finding out the guy isn’t the father and too bad for you the money is gone now. Don’t agree to pay, and make sure the child support people know you are contesting paternity…that may delay the garnishment process and they might help you get a test!
If he is not on the birth certificate then true paternity must be determined before a support decree is made by the court.
going throught the exact same situation as yourself at the mone,t the answer is no my partner has been told by the csa that he has to pay for a child he is not on the birth certificate and they are tyaking money from him, without a dna test. They said that if a dna test is done he has to pay for it if he is the father £287.00. Its ridiculous, apparently they pay back the child support that you paid if test says your not the father how long that takes have no idea!
You didn’t say if the father lives in your state or not. If he doen’t the court will have him go and give a DNA sample and then they will have you give one. If you don’t already have it in your records. That is why you got a letter stating you he owes child support. That means that he had to give a DNA sample. You will get some more papers in the mail saying you a court date and the results of the test and how much money you will get.
They can sure try but if the guy has any smarts he will tell them he isnt paying till a paternity test is done.
An application can be made to the CSA at any time. If the father disputes paternity then the earnest is on him to arrange a DNA test to establish parentage. The CSA can arrange this for half the price of other firms.
Should the test results prove positive then payments are backdated to the date the application was origionaly made.
Whether or not a father is on the birth certificate has no bearing on financial responsibilty. It does however mean that the father has no parental responsibilty and so has no rights regarding where the child lives, what name they are known by, religion and education. A parental responsibilty order can be made by way of consent from the mother or a court order. A fathers name can only be added to a birth certificate if parents were married at the time of birth or if the father attends the registration and signs consent.