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Attempting to claim child support after 15 years

I have a friend who has asked me to ask a question on their behalf.  He was married but divorced some time ago.  His ex was pregnant and to do 'the right thing' he signed the birth certificate knowing the child was not his as he was and still is medically unable to father children.  Now after fourteen years his ex is chasing cs for the child and the csa has said that he owes for this amount of time.  His question is, what is the procedure involved and what are his rights ?

When 'Life' is hard and things are tough,

and you feel like you've had enough.

Remember always this one thing true,

Someone else depends on YOU.
overcsa said
His question is, what is the procedure involved and what are his rights ?
From the CSA website

If a person believes they are not the parent of a child, or if they don't have proof of the parentage of the child, they can apply to the Family Courts for a declaration of parentage.

 
The court can order a DNA test to determine parentage of the child, and the results are viewed by the court as conclusive evidence of parentage for child support purposes. The court is then able to make an order to start or end a child support assessment.

More information can be found in the CSA guide 2.2.3: Parentage
So it looks like he will have to go to the family court. 

CSA fatherhood

overcsa said
I have a friend who has asked me to ask a question on their behalf.  He was married but divorced some time ago.  His ex was pregnant and to do 'the right thing' he signed the birth certificate knowing the child was not his as he was and still is medically unable to father children.  Now after fourteen years his ex is chasing cs for the child and the csa has said that he owes for this amount of time.  His question is, what is the procedure involved and what are his rights ?
 
Are we talking about Australian law or British law?

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Australian Law Monteverdi.  His ex and csa say he is liable due to his signing of the birth cert.  She is saying if he wants to dispute it he has to come up with money to pay for paternity test.

When 'Life' is hard and things are tough,

and you feel like you've had enough.

Remember always this one thing true,

Someone else depends on YOU.
I am mindful of the Liam Magill case, where the poor chap found out 2 of his 3 children were not his.

My concerns for your friend are:

he was married to this woman when he signed the birth certificate. It is not clear if she was divorced when this happened.

Did he raise the child at any time?

It's a line ball really, it may come down to his/her honours feelings on the day, and the ex is right - he does have to pay for a DNA test, but he can ask for the court to make orders saying that half is re-imbursed to him if it is found he is not the father.

His medical issues are something he could annexure to an affidavit when he makes this request.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Newguy said
If a person believes they are not the parent of a child, or if they don't have proof of the parentage of the child, they can apply to the Family Courts for a declaration of parentage.

 
The court can order a DNA test to determine parentage of the child, and the results are viewed by the court as conclusive evidence of parentage for child support purposes. The court is then able to make an order to start or end a child support assessment.

However the legislation actually says :-
Child Support Assessment Act section 29 said
(2)   The Registrar is to be satisfied that a person is a parent of a child only if the Registrar is satisfied:
   (a)   that the person is or was a party to a marriage and the child was born to the person, or the other party to the marriage, during the marriage; or
   (b)   that the persons name is entered in a register of births or parentage information, kept under the law of the Commonwealth or of a State, Territory or prescribed overseas jurisdiction, as a parent of the child; or
   ©   that, whether before or after the commencement of this Act, a federal court, a court of a State or Territory or a court of a prescribed overseas jurisdiction has:
   (i)   found expressly that the person is a parent of the child; or
   (ii)   made a finding that it could not have made unless the person was a parent of the child;
      and the finding has not been altered, set aside or reversed; or
   (d)   that, whether before or after the commencement of this Act, the person has, under the law of the Commonwealth or of a State, Territory or prescribed overseas jurisdiction, executed an instrument acknowledging that the person is the father or mother of the child, and the instrument has not been annulled or otherwise set aside; or

   (e)   that the child has been adopted by the person; or
   (f)   that the person is a man and the child was born to a woman within 44 weeks after a purported marriage to which the man and the woman were parties was annulled; or
   (g)   that the person is a man who was a party to a marriage to a woman and:
   (i)   the parties to the marriage separated; and
   (ii)   after the parties to the marriage separated, they resumed cohabitation on one occasion; and
   (iii)   within 3 months after the resumption of cohabitation, they again separated and afterwards lived separately and apart; and
   (iv)   the child was born to the woman within 44 weeks after the period of cohabitation but after the dissolution of the marriage; or
   (h)   that the person is a man and:
   (i)   the child was born to a woman who cohabited with the man at any time during the period beginning 44 weeks and ending 20 weeks before the birth; and
   (ii)   no marriage between the man and the woman subsisted during any part of the period of cohabitation.
   (3)   If:
   (a)   2 or more paragraphs of subsection (2) are relevant to a particular application; and
   (b)   those paragraphs, or some of them, conflict with each other;
the paragraph that appears to the Registrar to be the more or most likely to be the correct presumption prevails.


This would appear to be that any Federal or State Court can make the order. My understanding is also that registration of births, deaths and marriages is a state responsibility, thus their could be alternatives to Family law that would comply with 29©. You then have to rely upon section 3 if the DNA test showed no possibility of parentage. I can't really see how the registrar could then accept that a signature is more likely to indicate parentage than a DNA test.

I have no idea what legislation covers registration but looking at the legislation for your state may well open alternative avenues to the Family Law Court.

I have also been told the following :-
A source said
the father can apply to have the certificate annulled based on the DNA test also, if the DNA test comes back negative the cost certificate should be awarded the applicant 0% defendant 100%

The process would be get the DNA test ordered by the court with medical cert annexed the test comes back negative, apply to relevant state BDM to have the birth cert annulled.

Many thanks to the contributor, who wishes to remain anonymous

Last edit: by MikeT

In addition to the DNA comments above which, if he is not the father will greatly assist with the issue… Section 5.1.4 of The Guide discusses the maximum periods of arrears that CSA can enforce and collect. Generally only 3 months prior to CSA Collect beginning and only under certain severe situations, 18 months can be enforced. So they can't enforce and collect for the whole 15 years just because the Payee didn't worry about it for 15 years. Unless of course, the Payee did register for CS when the child was born and they haven't been able to track down the Payer until now - this is very unlikely. By the time the required objection is filed with CSA, your friend should be able to get into court so the DNA test is at least ordered. 
Thanks everyone for your input. He has been contactable (and a major member of community organsisations) and his ex has just now decided csa may be an option  :lol: some people!  Will pass info on.  Thanks again. :thumbs:

When 'Life' is hard and things are tough,

and you feel like you've had enough.

Remember always this one thing true,

Someone else depends on YOU.
The fact the she is seeking child support may have somthing to do with centrelink obligations requiring that she apply for child support from the childs father otherwise she is not entitled to any FTb benifits. She may have other children adn she cannot recieve any FTb for them at all.

Rarghhhhhhhhhh!!!!!!!!!!!!

Han Solo routine "We're all fine here, thanks. How are you?" *weapons fire* "It was a boring conversation anyway!"
There have been posts on here previously about roughly the same subject.  If you click on the search option and then type in "paternity" in the search engine there will be results of posts and articles that have already been discussed on the topic.  Interesting reading.

she cant get arrears!

 am not too sure whether after all these years this woman can collect any arrears of CS. Lets read section 28A carefully. You can only get relief under this section if the payee had previously registered a "registerable maintenace liabilty" but will be collected under private arrangement. What happens then is that the payer (the man usyally) fails to pay the payee her entitlements and then the payee has not relief but for sec 28A. Section 28A will then give 3 months arrears or more (in very special circumstances).So is there a registerable maintence liability registered under sec 25(1) if CSA Act (Registeration and collection) 1998? I doubt it. She wouldnt have bothered.  Botton line- She can claim child support but with no arrears.
The court can only go back 7 years;

Division3Application for amendment of administrative assessment that is more than 18 months old
110  Simplified outline
The following is a simplified outline of this Division:
   Normally, the Registrar cannot make a departure determination under Part6A, and a court cannot make a departure order under Division4 of this Part, in respect of a day in a child support period that is more than 18 months earlier.
   Under this Division, a liable parent, a carer entitled to child support or the Registrar can apply to certain courts for leave for a determination or order to be made in respect of a day in a child support period that is more than 18 months earlier.
   A court must not grant leave for such a determination or order to be made in respect of a day in a child support period that is more than 7 years earlier.
   If a court grants leave, the court can decide whether the Registrar should make such a determination or the court should make such an order.

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