Donate Child Support Calculator
Skip navigation

Paying child support for a child that is not mine

Add Topic
Just wondering if anyone can help regarding my situation, im currently paying child support for 2 children, i have since done a peace of mind dna test which came back that the youngest is not mine(always had my doubts) how do i resolve this with csa with out costing me an arm and a leg?
I don't think that there is an easy way. Basically the law requires that the registrar (the CSA) is satisfied of the parentage. There are nine legislated ways in which the registrar can be satisfied (as included below). You would have the task of making the registrar not satisfied and I have little doubt that the registrar will not accept anything other than a court ordered and approved DNA test (i.e. to not do so would reduce the amount that the CSA can transfer or collect). I think that you need to try to take the matter up with Family Law (Section 60H or 60HB) to get an order stating that you aren't the parent (hopefully you'll get advice regards the Family Law aspect).

Perhaps another tack could be to take civil action against the other parent. However I'm not sure if this would be possible as it may be have the be a Family Law matter.

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 will accept a persons verbal assurance that they themselves are named as the childs parent in a register of births but the applicant must provide a statutory declaration or a copy of the birth certificate to establish that the other parent is named in the register of births.  
    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 an affidavit or 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.

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.
An application needs to be made to the Family Law Court under s107 of the Child Support (Assessment) Act. The order needs to declare that the applicant is not to be assessed as to the costs of that particular child. Once you show CSA a copy of your application to the court, they cease disbursements to the other payee until the court comes back with final orders.

The court may order a second DNA test if your piece of mind one was not done through an approved lab.

Getting an order under section 60H or 60HB of the FLA won't work as they don't usually state that the applicant should not be assessed to the costs of the child.

The cheap option is that you could ask the other parent to end the case for that child… Not sure if she'd do that…
1 guest and 0 members have just viewed this.

Recent Tweets