DNA test & child support
#38631 (In Topic #6602)
My partner has an ex, who recently had a baby. She claims it is his, but did not put him on the birth certificate. She had texted him saying she will call Welfare to start getting money from him. 1st of all, can this be done if he is not on the birth certificate? Also we have asked for a DNA test (as she was seeing other guys towards the end of their relationship. Also the dates of the conception don't add up to when he was with her, so we do have uncertainties that it is his) but she is being difficult and wont do a DNA test. How can we go about doing a DNA test to get her off our back that wont cost us $1000's? She is on centrelink and I have been told along the way that she can get DNA tests quite cheap, we have asked her but she wont do it. We don't have $1000's just sitting there to try prove whether its his or not. If she wont let us get a DNA test done, can she come back at us in 10 years time and back track on 10years worth of child support?
pinkchic saidMy partner has an ex, who recently had a baby. She claims it is his, but did not put him on the birth certificate. She had texted him saying she will call Welfare to start getting money from him. 1st of all, can this be done if he is not on the birth certificate?
A birth certificate isn't necessarily a requirement as the CSA can make a presumption of parentage as is described in the following extract from the CSA Guide
The CSA Guide - 2.1.3: Parentage saidPresumptions 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.
CSA cannot be satisfied that a person is a parent of a child solely on the basis of the results of paternity tests. CSA cannot be satisfied that a person is a parent of a child on the basis of a persons verbal acknowledgment of parentage; however a person can provide verbal confirmation that they themselves are named as a parent of a child in a register of births. 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 artificial conception procedure took place. 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.
You may wish to read the entire section of the guide. Here's a link The CSA Guide - 2.1.3: Parentage
If she wont let us get a DNA test done, can she come back at us in 10 years time and back track on 10 years worth of child support?
Not through the CSA as the child support period starts on the day that the application was made. It could be possible through court though, although highly unlikely.
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