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Child support stay and DNA testing

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Woodchips View Drop Down
Newbie
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Joined: 07/October/2017
Location: Australia
Posts: 1
  Quote Woodchips Quote  Post ReplyReply Direct Link To This Post Topic: Child support stay and DNA testing
    Posted: 07/October/2017 at 15:21
I have a 11 year old who lives interstate which I pay child support for through csa. What would be involved and costs in getting a child support stay and DNA testing? Her mother a I had never lived in the same town at the time even though my name is on the birth certificate. Stupidly at the time her mother took me for 10's of thousands of dollars for various things which I eventually found out were for drugs and then she moved interstate. Over the years I've come to accept that I have to pay child support but recently I've been able to start saving abit more and now csa are asking for extra on top of what they take out of my pay. Am I able to get a stay on child support until a DNA test is done to prove I'm definitely the father? I'm guilty of sticking my head in the sand with this for all this time. The lies and abuse I went through with her mother just made me want to forget all about it for years. Her mother from what I know at the moment has had 4 kids to 4 different fathers and had another one 12 months after the one I pay for so I know there were other males around. I have no issues with having to pay if that's what has to be done but would like to know for sure now

citizen-joe View Drop Down
Senior Member
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Joined: 09/October/2005
Location: Australia
Posts: 319
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 07/October/2017 at 18:31
Just get an order for a DNA test, to do this you will need to dispute parentage.

rannii View Drop Down
Legal Guru
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Joined: 25/May/2013
Location: Australia
Posts: 1103
  Quote rannii Quote  Post ReplyReply Direct Link To This Post Posted: 08/October/2017 at 08:42
Hi,

By paying child support - you've essentially admitted to the CSA that you are the father, and until DNA proves wrong - then you have to continue.

My kids ex left while I was pregnant with number 2. He disputed number 2. First they were going to make me prove by DNA he was the father. However due to the facts (ie, he admitted paternity of no1, and we lived together), he was presumed the father.

He was therefore required pay child support for No2 until he got a certain order from the court to NOT pay CSA.   Essentially it went from me having to (pay) get an order from the court to prove he is the father, to him having to get an order from the court to prove he wasn't.

Essentially, my advice is get onto that DNA test asap.

From the sounds of what you are saying, you have arrears you are paying (taking more out of your pay on top of normal CSA), so it's unlikely they will give you "time" anyway. It could be seen as an "excuse" in getting out of CSA (my ex tried that one on them).

From memory, the money already paid is going to be lost. To not dispute your the father for 11 years and then try and claim 1000's back would be unfair - at least to the child.

Now, I have read one or two cases where the non biological father is deemed to be the father simply because it's in the best interests of the child. The child has grown up for so many years knowing/believing that one person on was the father that the courts deem it not right to sever that relationship (and I'm talking about CSA implicTions)

The length of time which has passed might make it harder to dispute you being the "father"
regardless of DNA. You may need to prove the mother knew about it all along and did so to dilebrate defraud.   As you mentioned having ans come child so close to yours, you should have had doubt in the early years and so called "made your move" then.

Get legal advice - the cases I've read maybe be "extreme" cases and not the norm - it's just some food for thought.

Get the DNA test done. Obviously there is enough there that you did think the child was yours - maybe the child is and nothing can be done.

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