On behalf of someone I know, is anyone familiar with what happens if paternity is unsure? She knows it's one of two men, she is 9 weeks pregnant and has decided to keep the baby. What happens if both men refuse paternity tests? Can they be compelled to take a test? If not, does she miss out on child support as there can be no other way of knowing for sure.
What an awkward position to be in! I don't know for sure but unless one of the men is willing to take responsibility without a paternity test then child support wouldn't be trying to get child support from someone who is saying they aren't the parent.
You can call up and get advice without telling them any personal details - that's probably the safest and easiest way to find out.
I *think* they can be compelled to undergo a paternity test but she is liable for the cost of the test for the gentleman who turns out not to be the father. She will not receive child support until paternity is proven, assuming neither of the men accept paternity without testing.
She can compel both of them to take a test. It usually requires a court order if they refuse to undertake one voluntarily. The cost (at VIFM I think) is $550.
She should check with Legal Aid as to how to go about it.
You are not required to put down a fathers name on the birth certificate in Victoria.
But not putting down a name also means no child support.
If your friend intends to collect a parenting payment then she only needs to declare that she is unsure who the father is. Unless things have changed over the last few years of course. My girlfriend was in a similar situation a few years back in Victoria. She collected Parenting payment and was made exempt for collecting child support and was given an allowance of sorts to compensate for the lack of child support. I don't know how much though.
She did tell centerlink that she didn't know who the possable fathers names were at the time. And I'm sure thats why she was made exempt.
I would get her to ring and check, I now Centrelink has become a lot tougher on people trying to get exemptions from Collecting Child Support and they have changed the processes regarding the father unknown situations.
I think I would be encouraging her to ring Centrelink and ask the procedures, sometimes not collecting Child Support then impacts on your FTB rates.
unknown parentage has nothing to do with Parenting Payment.
If she wishes to claim FTB and wants an exemption from taking maintenance action (claiming child support) due to unknown parentage, she will need an appointment with the Centrelink Social Worker to discuss whether she is eligible for this exemption. She needs to either take maintenance action or have an exemption from doing so within 90 days of the baby's birth to avoid a reduction in her FTB. The Child Support Agency may insist on a paternity test.
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If you don't know who the father is
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