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I need some serious advice re: CS

The father of my 9yr old daughter refused to sign her birth cert. & had little to do with her untill approx 12mths ago. He then showed up on the scene wanting to play the perfect dad & sends her gifts, takes her during school holidays, emails her daily etc etc, However he still refuses to sign any documents stating that he is the biological father (simply so CSA can not touch him & he carried out private DNA testing).

This is causing me huge drama regarding Child Support payments because we were not married or living in a de facto relationship & there are no signed documents stating he is the father- CSA have told me there is nothing they can do to enforce payments… take the case to Legal Aid.

So I have met with legal aid who have told me there is not much they can do either except get a court order for Court Approved DNA testing, which still may not be enough for CSA to enforce payments & even if they do it will only be backdated from now… so he basically gets away with 9yrs worth of non payment!!

I am now happily married with 2 kids living on a single income whilst he is married, raising another mans child as his own, running his own successful business, his new wife has a great career & they are taking overseas holidays at least 2-3 times a year!?! It just seems so frustrating that it al seems to work in his favour.
I believe that the CSA have given you the correct advice, that is unless one of the other 9 rules for presumption of parentage apply. Note that I have highlighted the court one (i.e. CSA's advice), in bold.  I've also italicised a rule, just to highlight that the other parent would have to make the statutory declaration.

CSA Guide - 2.1.3: Parentage said
Presumptions of Parentage:

CSA can be satisfied that a person is a parent in 9 fact situations (section 29(2)):

    * the child was born while the person was married to the childs mother or father. A child is born during a marriage even if the parties to the marriage have separated as long as a divorce was not finalised at the time of the birth (i.e. the child was born before the decree absolute).
    * the person is named as the childs parent in a register of births or parentage information kept under Australian law or the laws of a reciprocating jurisdiction. CSA needs to sight a copy of the birth certificate or the applicant must provide a statutory declaration stating that the person or persons they named as the parent(s) are recorded as a parent on the childs birth certificate.
    * an Australian court, or a court of a reciprocating jurisdiction, has expressly found that the person is a parent of the child, or has made a finding that could not have been made unless the person was a parent of the child (and that finding has not been set aside, altered or reversed).
    * the person has executed an instrument under an Australian law, or the law of a reciprocating jurisdiction, such as a statutory declaration under the Oaths Act of an Australian state, acknowledging that they are the childs parent, and that instrument has not been annulled or set aside.
    * the person has adopted the child.
    * the person is a man and the child was born within 44 weeks of his marriage to the childs mother and the marriage has since been annulled.
    * the person is a man who was married to the childs mother and they separated, then resumed cohabitation for 3 months or less, and the child was born within 44 weeks of the end of that last period of cohabitation but after they divorced (after the date of the decree absolute).
    * the person is a man who cohabited with the childs mother at any time during the period beginning 44 weeks and ending 20 weeks before the child was born, but they were not married at any time during that period. Cohabitation involves living together in a domestic relationship. CSA can consider the financial and social aspects of the relationship, the nature of the household and the sexual relationship between the 2 people, in deciding whether they cohabited.
    * CSA is satisfied that the person is a parent of the child under section 60H or section 60HB of the Family Law Act (unless the case is a WA ex-nuptial case).

CSA cannot be satisfied that a person is a parent of a child solely on the basis of the results of paternity tests, or a persons verbal acknowledgment of parentage. Only a court may determine that it is satisfied of a childs parentage on the basis of other evidence.

CSA will be satisfied that the person is a parent of the child under section 60H of the Family Law Act if there is evidence that child is born as a result of an artificial conception procedure and that the parents were in a de-facto relationship at the time the child was born. CSA will be satisfied that the person is a parent of the child under section 60HB of the Family Law Act 1975 if a State or Territory court has made an order under a prescribed law of a State or Territory declaring the person to be a parent of the child.

Conflicting evidence

CSA does not need to conduct enquiries or make investigations. However, if information is available under more than one of the paragraphs in section 29(2) and the evidence conflicts, CSA can choose which person is more likely to be a parent of the child (section 29(3)). CSA does not have to be satisfied that a person is a parent when one of the 9 fact situations exists if there is conflicting information that casts doubt on a childs parentage.

CSA can take into account other types of evidence when making a decision about conflicting evidence. CSA is not making a finding of parentage, but an administrative decision as part of a decision whether or not to accept an application for assessment.
  You are in a catch 22 situation aren't you? If you take him to court and get DNA testing you may succeed in getting child support payments from now on, but it may come at a  high price to you in that he might not continue to want to be part of her life. On the other hand, he could fight for 50/50 custody.
  If you refuse him contact (without applying to the courts), which you could because he has no legal rights, as far as I know with not signing birth certificate, this could also impact your daughter in that she will no longer get any benefit of knowing her father or the gifts and holidays with him. You mention that he carried out private DNA testing? Did this show that he was her father, but wasn't appropriate for legal reasons for the CSA? Or did it show he wasn't the father, in which case why would you let him take her and spend time with her?!
  Unfortunately you have left it a little late in acting in regards to the nine years of receiving child support so will have to let that go. You didn't have to share her with anyone during that time (fathers choice) which you should see as a positive for you.
  Now that your daughter is old enough he probably feels comfortable in taking her for holidays (away from her mother).

  Focus on the positive's to make the right choice. I believe you do have a right to financial support, you just might have to go about it delicately. This will be helpful as costs will rise the older she gets. His new wife's career is in no way assessed to support your daughter you understand? It will be his income only.
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