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Wednesday, 3 October 2023

Disagreements about parentage - what the CSA does

When a parent applies to the Child Support Agency (CSA), they must name the other parent of their child or children. Sometimes the person they name may deny that they are the parent. Find out what the CSA does when this happens.

What happens when someone denies they are the parent?

Someone can deny they are the parent before or after child maintenance is worked out.

If someone denies they are the parent of a child, the CSA will:

  • tell the parent who applied what's happened and ask them for any evidence they may have which proves parentage
  • ask the person named as the other parent to give evidence that proves they are not the parent

If the person named as the parent can't give evidence proving they aren't the parent the CSA can do one or more of the following:

  • 'presume parentage'
  • ask both parents to take a DNA test (the DNA of the child will also need to be tested)
  • ask the courts to make a decision

You can get more information about what happens when someone says they are not the parent using the following link.

DNA testing

You can get more information about DNA testing and the CSA using the following link.

Paying child maintenance during a disagreement about parentage

The rules about paying child maintenance during a disagreement depend on whether a child maintenance amount:

  • has already been worked out
  • has not been worked out

If child maintenance has already been worked out

There are circumstances when the person named as the parent denies they are the parent after the CSA has already worked out child maintenance. If this happens, the person named as the parent of a child has to pay until they provide evidence they are not the parent.

If child maintenance has not been worked out yet

If someone denies they are the parent before child maintenance has been worked out, the CSA will not:

  • work out child maintenance until the disagreement has been sorted out
  • ask them to pay until the disagreement has been sorted out

The CSA will aim to sort out disagreements as quickly as possible. If the person named as the parent is found to be the parent, the amount of child maintenance they have to pay will be back-dated. It will be back-dated to the date of application.

If you’re the person named as the parent

You may want to put some money aside in case you’re found to be the parent and need to pay child maintenance.

If the named person proves they are not the parent

If the person named as the parent of a child proves that they are not the parent, the CSA may:

  • refund any child maintenance payments made after the date that the person first denied they are the parent
  • refund the cost of the DNA test if one was arranged through the CSA

The CSA may also ask the parent with care to pay back any child maintenance, if that money:

  • was received after the date that parentage was denied
  • has been refunded to the person named as the parent

Refunds are made at the discretion of the CSA and depend on the circumstances of each case.

If the named person is found to be the parent

The person named as the parent of a child will have to pay the amount worked out by the CSA if it:

  • receives proof that the named person is the parent
  • can presume parentage

This amount will include:

  • any child maintenance they need to pay
  • the cost of the DNA test if one was paid for by the CSA

For more information about how the CSA sorts out disagreements about parentage, download the following leaflet.

Additional links

Family-based arrangements

Did you know? You and the other parent can also arrange child maintenance without anyone else getting involved. Find out about family-based arrangements

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