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Family and Relationships

Paying child maintenance through the CMS

Summary

If you’re sure you’re not the child’s parent, you need to prove this, for example with: * proof you were in a different country when the child is likely to have been conceived * medical evidence you can’t have children You could also prove you’re not the child’s parent if there’s no written proof you agreed to IVF treatment. If you’re not sure if you’re the child’s parent, the CMS will interview you and the other parent and look at any evidence. They might ask you: * how long you knew the child’s other parent * why you think you’re not the child’s parent The CMS can also ask a court for confirmation you’re the child’s parent. They’ll only do this: * if DNA testing isn’t appropriate - like if the child was born as a result of IVF treatment You might be treated as the child’s parent if either: * you’re named as a parent on the birth certificate * you were married to the child’s other parent at any time between the child’s conception and birth You might be treated as the child’s parent because: * of donor insemination or fertility treatment * a court has made a parental order naming you as the parent following a surrogate birth * a court has made a declaration you’re the legal parent.

Key information

  • proof you were in a different country when the child is likely to have been conceived
  • medical evidence you can’t have children
  • how long you knew the child’s other parent
  • why you think you’re not the child’s parent
  • if you’re willing to take a DNA test
  • if DNA testing isn’t appropriate - like if the child was born as a result of IVF treatment
  • you’re named as a parent on the birth certificate
  • you were married to the child’s other parent at any time between the child’s conception and birth
  • of donor insemination or fertility treatment
  • a court has made a parental order naming you as the parent following a surrogate birth
  • a court has made a declaration you’re the legal parent of the child and the child hasn’t been adopted since
  • how many children you’ll pay maintenance for

Practical guidance

  • Source: [Paying child maintenance through the CMS](https://www.citizensadvice.org.uk/family/children-and-young-people/child-maintenance1/paying-child-maintenance/Paying-child-maintenance-through-the-cms/)

Related topics

Family and RelationshipsChildrenPaying child maintenance

Sources

  • Citizens Advice — [Paying child maintenance through the CMS](https://www.citizensadvice.org.uk/family/children-and-young-people/child-maintenance1/paying-child-maintenance/Paying-child-maintenance-through-the-cms/) — `raw/citizens-advice/family-paying-child-maintenance-through-the-cms.md`

This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.

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