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Original poster

Statutory declaration of acknowledgement of parentage form15

34 replies

sharpie1 · 01/07/2019 06:41

Hi all,

So my partner had an affair with another woman. They slept together on two occasions and she insisted she wasn't ovulating at the time so couldn't get pregnant. She lied.

Its clear now from remarks made subsequently to him that the pregnancy was planned all along by her

She waited until she was past the 3 months to tell him. They split immediately and he wants nothing to do with her or the child.

A CSA claim has arrived on the doorstep asking for 350 pounds a month. He has three other kids to support and is in a mountain of debt and about to go bankrupt. There is no way we can pay this money without defaulting on other loans.

He has never signed paternity or had any contact with her since the birth. I suspect she has put his name on the birth certificate so it's easier for her to claim child maintenance

Is it legal for her to do this without him having signed statutory declaration acknowledging paternity? Is she allowed to sign this without his consent?

Many thanks,

OP posts:
meditrina · 01/07/2019 06:52

England?

You do not have to be in the birth certificate. You still need to pay for your DC.

If he disputes paternity, then he needs to take a DNA test.

Yes, you will need to re-do the budget considerably.

The upkeep of DC is the highest priority category of spending there is. I hope he one day will be able to pay more than the legally enforceable CMS minimum.

DebbieFiderer · 01/07/2019 07:08

She can't have put his name on the birth certificate without him - if the parents aren't married then both parents need to be present at registration.

Spam88 · 01/07/2019 07:09

He sounds like a keeper Hmm

He can't be on the birth certificate unless he went to register the birth with her, but as above he doesn't need to be on the BC for a child maintenance claim.

Interested in this thread?

Then you might like threads about this subject:

Family law
WinnieTheW0rm · 01/07/2019 07:16

you have to pay for your DC's upkeep irrespective of whether you are in the birth certificate.

If he disputes paternity, then CMS will arrange a DNA test (he will not have to pay for it if he is not the father)

Put your energies into sorting out finances so he can meet him obligations, not into damning his baby's mother for things she almost certainly hasn't done (a - forced him into having sex with her b- put him on birth certificate). Keep your anger for him - these are the consequences of his feckless fucking.

Dickybow321 · 01/07/2019 07:18

she insisted she wasn't ovulating at the time so couldn't get pregnant. She lied.
Your man is an idiot. So in other words he didn't use a condom. Why are you deflecting this onto her?Hmm

Rosemary46 · 01/07/2019 07:22

Do you think it’s ok for him to have nothing to do with his child ? You sound very accepting of him cheating and not even using condoms.

What contact does he have with his other three children ?

Are you sure this is the type of man that you want to be with - a cheating lying bankrupt who cheats on you and abandons his children for the state and their mothers to support?

LIZS · 01/07/2019 07:25

Hope you have had checks for stis. If he has admitted "twice" unprotected with this woman because of pg, I would suspect there may have been others but he did not get caught. Would he have told you unless a baby was involved? Are his 3 other children with you?

Bigearringsbigsmile · 01/07/2019 07:25

A prince among men.

XXVaginaAndAUterus · 01/07/2019 07:25

I'm so sorry for you that your partner is such an unspeakable tosser. Flowers

He was unfaithful and he didn't even have the courtesy to wrap it up to prevent himself from catching and passing on to you STIs (you need to get yourself tested if you haven't done so already) and to prevent pregnancy.

Regardless of the other woman's motives or his financial position, his number one obligation financially is towards his children - all of them, I'm afraid. He can't opt-out. I really feel for you but I'm afraid I have zero sympathy for him.

trollopolis · 01/07/2019 07:32

YY to STI checks

Also, the idea that they only had sex twice when they did not split until after 3 months gestation is just incredible

notapizzaeater · 01/07/2019 07:39

He needs to take a dna test to find out if he is the dad.

You need to look long and hard at your relationship- you are worth so much more than this

Original poster
sharpie1 · 01/07/2019 13:51

Thank you for your replies. I've already went through all the above emotions and yes he has fucked up royally and she has said she deliberately got pregnant (and would do so again if she could!)

He is willing to pay maintenance but what we cannot afford what she wants.

Im aware she is able to pursue payments without him being on birth certificate but I thought a letter would arrive first asking are you the parent rather than presumed paternity which I thought was odd given he had never signed any birth certificate though.

I guess my question was that. Would it not be normal practice for CSA to ask rather than presumed paternity if one hadn't signed a birth certificate?

My question was really about her registering him on the birth certificate as

OP posts:
Seeleyboo · 01/07/2019 14:22

Ex CSA employee here. No CSA do not need clarification on parentage, however if he wishes to do a DNA test at his expense organised by the CSA he is entitled to do that. He would have to pay and would only be reimbursed if it's proven to be negative. He would also be reimbursed any maintenance payments he had already made. You must, in the meantime pay the regular maintenance until this situation is sorted. You can ask for a change in circumstances. Offering his payslips and how many children reside in your home. These are the only factors taken into consideration with a maintenance assessment now. CSA has now been disbanded by the way and is know as the CMS. Hope this helps.

cottonwoolbrain · 01/07/2019 14:37

Wow that's a bit harsh.

so in theory, any woman could claim DP was the father of their child and he would be forced to make maintenance payments until he proved differently - at his own expense?

Isn't that open to all sorts of abuse?

OP I hope something can be sorted out for your sake. If its his child though he;s going to have to pay

Whathappenedtooursummer · 01/07/2019 14:40

Why not apply for a copy of the bc which anyone can do? See what is on it for yourself. See a solicitor as its fraud if she took another man with her and he filled in his details!

MrsTerryPratchett · 01/07/2019 14:45

This thread looks very much like you're doing his affair homework. Let him call the registrar, CSA, and the STI clinic for that matter. Clean up his own mess.

Original poster
sharpie1 · 01/07/2019 15:00

Thank you Seeley boo that does.

We can give pay slips and details of children. Would it be normal practice to phone himself or do we go through a lawyer with these details?

Would cms not take into account debts?
We cannot afford what CMS is asking for. She earns more than us both also but I know that doesn't come into the equation.

OP posts:
Original poster
sharpie1 · 01/07/2019 15:03

The birth certificate doesn't list surname of the child. He phoned the council and gave the baby's dob and her surname and no record. His surname and no record. Until he can provide a valid surname they can't tell him of he's on the bc

OP posts:
Original poster
sharpie1 · 01/07/2019 15:04

Sorry I don't know how to amend posts...that should read the cms letter doesn't list surname not BC!

OP posts:
Whathappenedtooursummer · 01/07/2019 15:43

Pay nothing. They will write to him, Insist on a dna.
Very simple.

AshesOfEden · 01/07/2019 16:07

No, CMS don't take into account debts.

Bankruptcy is also not taken into account. Any CMS arrears are still due even being made bankrupt.

Seeleyboo · 01/07/2019 16:21

@sharpie1

They calculate it by......

For example....

He earns £400 per week after tax etc.

Take away 15% for 1 child in your household 20% for 2 and 25% for 3 and up. Let's say you have 3.

So that leaves 300 for their assessment.

If he has to pay her for 1 child it will be 15% so his assessment will be 45 per week.

I also believe they now charge a percentage too on top of that 45 to deal with the case and she will have to pay a percentage to receive it. I may be slightly wrong on that part.

Knitwit99 · 01/07/2019 16:23

Until he can provide a valid surname they can't tell him of he's on the bc

He can't be on the birth certificate unless he went with her to register the baby's birth. Really this is the least of your worries.

Seeleyboo · 01/07/2019 16:23

Sorry forgot to add. You send that directly to CMS. Dont bother with a lawyer as it'll cost you and it wont achieve anything so far as CMS are concerned.

For the person who stated that this was open to all kinds by implying anyone could be the father. Yes you're right. It does leave it wide open and it needs to change. However a DNA would end the case if proven to not be the father.

notapizzaeater · 01/07/2019 16:34

The birth certificate is the least of your worries. He needs to do a dna test to find out if he is the father.

Has the CMS asked for payslips etc to work out what he needs to,pay ? The debts are your problem not CMS.

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