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If you or the other parent in your child maintenance case denies that they鈥檙e the child鈥檚 parent, the Child Maintenance Service can:

• ask for evidence that proves one of you is not the parent
• tell the other parent what鈥檚 happened and ask for evidence to prove parentage

If there鈥檚 no evidence to prove you鈥檙e not the parent, the Child Maintenance Service can:

• ask you and the other parent to take a DNA test
• ask the courts to make a decision

When the Child Maintenance Service assumes who the parent is

You鈥檒l be assumed to be the child鈥檚 parent if any of the following apply:

• you were married to, or the civil partner of, the child鈥檚 mother at any time between the conception and birth of the child (unless the child is adopted)
• you鈥檙e named on the child鈥檚 birth certificate (unless the child is adopted)
• a DNA test shows you鈥檙e the parent
• you legally adopted the child
• you鈥檙e named in a court order as the parent when the child was born to a surrogate mother

Paying child maintenance during a disagreement

If you鈥檙e assumed to be the parent

The Child Maintenance Service will work out a child maintenance amount. You鈥檒l have to pay this if you do not have main day-to-day care of the child. If you prove you鈥檙e not the parent you鈥檒l no longer have to pay.

If you鈥檙e not assumed to be the parent

You do not need to pay child maintenance until the disagreement has been sorted out. If you鈥檙e found to be the parent, the amount of child maintenance you have to pay will be back-dated to when the case was opened.

If you prove you鈥檙e not the parent

When this happens, the Child Maintenance Service may:

• refund the payments you鈥檝e made since the date you denied you were the parent
• offset the amount you鈥檝e paid in child maintenance against maintenance for another child you pay for
• refund the cost of any DNA tests arranged through the service
• ask the other parent to pay back any child maintenance to you