Why Is DNA Testing A Hidden Child Support Hack?

CMS DNA Tests: Possible Child Support Loophole?
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Transcript
Hello hope you're well my name is Keith and today I'm going to talk to you about a little bit of a success story, the background to that, and the CMS policy concerning it. And the subject as a general heading is DNA tests.

Possibly not the most exciting the subjects however for one person a refusal to do a DNA test in fact several refusals to do a DNA test has led to this CMS case being closed. So there's no child maintenance to pay let me explain why.

So CMS policy is quite simple if a non-resident parent requests for a DNA test and they request it through the CMS directly, using the CMS 's provider then essentially they have 40 days, for the test to take place and if the resident parent or the if the parent with care refuses to take the DNA test then what that means is the case can be closed.

Now what normally happens is the case isn't closed it just runs on, people don't follow it up but if you ask to take a DNA test because you are the paying parent and the other party refuses you must go back to CMS and you must insist the case is closed. Okay in this particular case this chap had asked the CMS several times over several years to do DNA tests and each time they would arrange the test and the other parent wouldn't comply with their part of the test. So they get to the end of the time period the test wasn't be done and the process started over again. Now that's obviously puts people in a difficult situation because actually if if you have a child and you're refusing to do the do the test then that's possibly an indication that the child isn't yours. So therefore you shouldn't be receiving child maintenance and therefore that's why the cases are closed how does it work.

If you want a DNA test you need to ask the CMS for a DNA test and I recommend you use their approved provider the tests can be set up in a couple days and you have all parties have 40 days to complete the test now if you don't organize it for the CMS you can arrange the test independently if you do that the test has to be from a approved provider for which the CMS can give you a list but there's a slight complication here okay if you arrange for a DNA test for an approved provider but the CMS don't organize it but the test is found to be negative you don't get a refund so the £300 you might have to pay in order to do a test if you if the test is done independently I.e you've arranged it you don't get a refund if you arrange it for the CMS provider and get the CMS to organize it for you you do get a refund interestingly enough within the CMS rules if you go for the independent test option for an approved provider if the parent with care refuses to take the test then there's no sanction and therefore the case doesn't have to be closed.

So the top tip there is arrange it through the CMS let the CMS make the arrangements and you comply with it because if you do it that way and they refuse to take the test then timately the case can be closed okay obviously to take a test they need to send kits and things like that so you know all addresses need to be provided couple exceptions to the rule if someone has adopted a child then essentially they become the parent okay for CMS purposes and therefore if they take a DNA test obviously the DNA test is not going to be relevant is it

Chapters
00:00 Introduction
00:11 Case Closed Due To Not Taking A DNA Test
00:30 CMS Policy on DNA Tests
01:49 How Does CMS DNA Testing Work
03:23 Who Cant Have A DNA Test
05:00 What Actually Closes The CMS Case

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