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Im Having 3 Legal Problems

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1 Im Having 3 Legal Problems on Fri Feb 10, 2012 4:11 am


Arresto Menor
Hi Atty,

Hope this message will find you well. Like what is written above i have 3 problems that needs to be answered before i will take action. (Please have a patience to read it, it will be lenghty)

Brief overview of my situation:
Me and my wife were separated for over a year now, - she cheated on me while im abroad, I didn't take any legal action for it because i was thingking of our son. I went for a vacation last December 2011 to settle all things between us specially to our son. We had verbal agreements, conditions and as my ex I trusted her not to put this in written due to her request, but suddenly everything has changed when i went back abroad.

1. Child support - I computed my sons monthly needs and we agreed verbally that ill be giving my son 18,000 pesos monthly with the following breakdown:
a. Apartment (4k/month)
b. Food (8k/month)
c. Education (1,500/month)
d. groceries (2k/month)
e. Water & Electric (1,500k/month)
f. extra (1k/month)
Now my question is: Is there any specific amount to be given or percentage for both parents? My wife is not working anymore - meaning i am also supporting her and her sister since they are taking care of my son which i believe should not be.

2. Child's Residence. We had a verbal agreement over a year that my sons schedule will be 2/7 in my parents house (week ends) since im working abroad, and 5/7(week days)with her mother. My parents also can get our son during our family occassions.Now she change it that if my parents want to see my son they should visit him in their apartment (which im paying),contradicting to our verbal agreement. What is your best advice here? Should my parents will take action for it, since im working abroad? Im drafting a letter of agreement right now, what if she refused with my conditions? Same conditions as we agreed before.

3. I want to pursue an annulment case for a reason that she cheated on me, i have evidences and witnessess and there is no chance for a reconcillation between us. Are those enough grounds to file a case? what if she refuse to sign it? I have a girlfriend right now and my wife is causing trouble in our relationship, as if she didn't do anything stupid. Shen even threatening me that i will lose my job here in abroad because of this.

Please advice me for my next moves.

Best Regards,

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2 Re: Im Having 3 Legal Problems on Fri Feb 10, 2012 9:14 pm


1) you are still married so she is still entitled to support.

2) grandparents don't have a legal visitation right, only you. you'll have to persuade her to allow it

3) infidelity is not a valid basis for annulment. check here for other ground:

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