Can anyone help with a child maintenance matter?

[KimberleyS91]

My husband is the paying parent for a child he unfortunately doesn’t see. He has asked for DNA test and went and had this done a couple of weeks ago. The mother was hesitant but agreed to a DNA test. He’s just called for an update as we hadn’t heard anything and they said it was very unusual but they are unable to continue with the DNA test due to the child’s condition/circumstances but due to data protection, the case worker wasn’t able to provide any details.

We are in shock! My husband is not on the birth certificate. They’ve said we should seek legal advice but right now we are overwhelmed.

Can he stop payments in the meantime if he’s not on the birth certificate (this was the mothers choice)? Where do we go from here? Our heads are everywhere right now.

We contacted the mother before we started the process to inform her so it wasn’t a shock and she said that it would be stressful for the child. I believe he may have additional needs and that’s why they haven’t been able to obtain a sample? But where do we go from here?

I’d stop payments tbh but keep the money aside in case he is the father and CMS deem him to have arrears. Does he think he is likely to be the father?

They’re right to suggest you take legal advice. It’s a cheek swab so shouldn’t be difficult even if the child has disabilities. Do you suspect the mother is claiming it’s impossible to stall the matter?

Stop the payments until there is DNA proof.

Peternity is presumed if he was married to the mother at any time between conception and birth. I presume that they were never married.

An application can be made by the Sec of State or the mother for a delaaration of parentage under the Family Law Act 1986.

The court can order DNA testing. It can draw the usual inferences against anyone who refuses to undergo tresting.

He should for now stop payment and apply to CMS for the applicaition for maintenance to be withdrawn and all arrears remitted. Assuming they refuse that he should ask for a mandatory reconsideration as soon as possible thereafter, and when he gets his MR notice of refusal can use that to appeal to the Tribunal.

There can’t be many things that would preclude a cheek swab surely?