A Loophole?: DNA Testing
Understanding the UK Child Maintenance Service and DNA Testing
Hello everyone, today I want to dive into a crucial topic regarding the UK Child Maintenance Service (CMS) and its DNA testing process. While the subject of DNA tests may not seem thrilling at first glance, it can significantly impact the lives of parents and children involved in child maintenance cases.
The Importance of DNA Testing in Child Maintenance Cases
The CMS handles child maintenance arrangements for non-resident parents who are required to support their children financially. However, disputes about paternity can complicate these arrangements. A notable instance involves a case where repeated refusals to conduct a DNA test led to the closure of the maintenance case, ultimately resulting in no child maintenance payments.
If there is any doubt about who the parents are, it may be a good idea to seek a DNA test from the Child Maintenance Service (If you have an ongoing CMS case). A Common fraud commited by a receiving parent is Fraud by False Representation, and claiming a child was conceived together with some one, when it was not, is serious.
How the DNA Testing Process Works
If a non-resident parent suspects they are not the biological parent, they can request a DNA test through the CMS. Here are the key steps in the process:
- Requesting the Test: The non-resident parent must request the DNA test directly through the CMS.
- Timeframe: The CMS will coordinate the test, which must be completed within 40 days. If the resident parent refuses to take the test, the case can be closed.
- Approved Providers: It’s recommended to use CMS-approved DNA testing providers to ensure the results are recognized by the CMS.
If the test is arranged independently, the parent may have to pay up to £300 and will not receive a refund if the test turns out negative. Moreover, if the resident parent declines the test, there are no penalties for them, making it essential to go through the CMS to close the case if necessary.
Special Considerations
There are a few exceptions to consider:
- Adoption: If a child has been adopted, the adoptive parent is considered the legal parent, and a DNA test may not apply.
- Fertility Issues: In cases where assisted reproductive technology was used, consent plays a vital role. If the father didn’t provide sperm but consented to the procedure, they may still be liable for child maintenance.
Additionally, if the child is over 16 and refuses to take the test, that refusal can also lead to the closure of the CMS case.
Fees for child maintenance cases
DNA tests are not free through the Child Maintenance Service. In November 2024, the fee was £307.00 for the first tested child and both parents. Although it now may have been raised. The fee will be refunded if the test shows that the paying parent is not the parent.
The fee will be higher if more than one child is tested. If you cant afford the fee, the Child Maintenance Service may pay the test fee if you cannot afford to pay it. You’ll have to pay it back if you’re proved to be the parent.
Redress
If it turns out that the DNA proves non parentage, the paying parent has several options.
- Move On
- Claim back the money via the Child Maintenance Service
- Claim back the money via the Money Claim Online
- Pursue criminal action
It it can be evidenced that the receiving parent knew, and they continued to claim CMS, then possibly the matter may be considered to be fraud, however in most cases it wont be.
This offence takes place, because the receiving parent has applied to the CMS in order for a financial gain, but this would only be an issue if they knew at the time of application the child wasnt that of the paying parent.
The specific offence:
Fraud act 2006, section 2, Fraud by false representation
(1) A person is in breach of this section if he;
(a) dishonestly makes a false representation, and
(b) intends, by making the representation;
(i) to make a gain for himself or another, or
to cause loss to another or expose another to a risk of loss.
According to CPS guidelines the offence is entirely focussed on the conduct of the defendent, and the maximum sentence is 10 years imprisonment.
Key Takeaways
- Non-resident parents should actively pursue DNA tests through the CMS to establish paternity and resolve disputes.
- Refusals by the resident parent or the child can close the case, releasing the non-resident parent from child maintenance obligations.
- Always use CMS-approved providers to ensure tests are recognized and refunds are available if needed.
Conclusion
If you find yourself in a situation where a DNA test is necessary, don’t hesitate to contact the CMS for guidance. If you’ve requested a test in the past and it hasn’t been executed, follow up and insist on closing the case if the other party is uncooperative.
Keywords and Hashtags
- Keywords: UK Child Maintenance Service, DNA testing, paternity disputes, child maintenance obligations, approved DNA providers.
- Hashtags: #ChildMaintenance #DNATesting #PaternityDisputes #UKLaw #CMS #cmsdna #childsupport
Suggested Google Search Phrases
- "How to request a DNA test through CMS"
- "Child maintenance DNA testing process UK"
- "Refusal to take DNA test implications"
- "Paternity disputes and child maintenance"
- "CMS approved DNA testing providers"
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