Areas of Law / Child Law

My daughter lives with a man who has £50 a week taken from his wages by the Child Maintenance Service to pay for two children of a former girlfriend. He says only one of the children is his, but they have discovered that a DNA test will cost around £100, plus legal fees. They are in danger of losing their house. Shouldn’t the CMS take their financial commitments into account?

The CMS can take into account “essential living expenses”, but they can’t, for example, take debt repayments into consideration. The amount of maintenance your daughter’s partner is called on to pay will depend on whether he’s being assessed under the new or the old scheme. He will only have to pay for the DNA test if it reveals that he is, after all, the child’s father. He should talk to the CMS about this.

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