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losing child support case

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1 losing child support case on Tue Apr 24, 2012 5:23 pm

dream123


Reclusion Temporal
hi atty.

what are the instances in which a RA 9262 economic abuse will be dismissed by the court?

i am just worried about my case against my ex and we will be having our 4th hearing soon.

thanks.

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2 Re: losing child support case on Tue Apr 24, 2012 7:23 pm

concepab


Reclusion Perpetua
dream123 wrote:hi atty.

what are the instances in which a RA 9262 economic abuse will be dismissed by the court?

i am just worried about my case against my ex and we will be having our 4th hearing soon.

thanks.

If you failed to provide enough evidence or failed to show enough grounds.. or failed to prove that your ex-husband is not providing sufficient financial support.

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3 Re: losing child support case on Tue Apr 24, 2012 8:43 pm

attyLLL


moderator
agree. again, cases are about evidence.


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4 Re: losing child support case on Thu Apr 26, 2012 3:31 pm

dream123


Reclusion Temporal
im quite confused and worried right now, i dont know what will be their defense...

what can be my best counter if he will use the following defense?

1. i am asking too much, 10k a month on my application for support pendente lite and he can only give 6k a month bec. he has 2 kids already form his family although he is earing 35k monthly.

2. he's afraid that i will retaliate again if i do not get what i want to the point na mangugulo ako sa family nia.

3. accdg to him, he cannot give bec. i filed a case although he did not give anything before i filed.

thanks.

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5 Re: losing child support case on Fri Apr 27, 2012 11:17 pm

attyLLL


moderator
wait for him to make his defense. hard to speculate. but 6k monthly for a child is a very substantial amount.


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6 Re: losing child support case on Mon Apr 30, 2012 1:29 pm

dream123


Reclusion Temporal
i will only accept the 6k monthly support if he will agree to pay the hospital bills, baptismal and the previous support that he failed to pay... do you think it is acceptable and will be granted atty?

thank you.

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7 Re: losing child support case on Fri May 04, 2012 10:16 pm

attyLLL


moderator
i can say yes, but no guarantee that the judge will rule the same


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8 Re: losing child support case on Mon May 21, 2012 3:49 pm

dream123


Reclusion Temporal
hi atty,

if you can still remember, i filed a motion for support pendente lite. On our next hearing, it will be for resolution already, but my ex's lawyer said that it is not possible bec it is only applicable if i filed a protection order. please enlighten me atty. What can i counter against them.

thanks.

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9 Re: losing child support case on Sun May 27, 2012 7:58 am

attyLLL


moderator
i would not agree, because support is allowed even in criminal cases


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10 Re: losing child support case on Tue May 29, 2012 3:20 pm

dream123


Reclusion Temporal
hi atty,

we had our hearing again last week and my ex and his lawyer already asked me and the fiscal for a compromise agreement which will be done this week. do you think i should agree with it or just continue with the case bec. i have a feeling that my case is strong. your thoughts atty...

thanks.

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11 Re: losing child support case on Tue May 29, 2012 9:10 pm

concepab


Reclusion Perpetua
dream123 wrote:hi atty,

we had our hearing again last week and my ex and his lawyer already asked me and the fiscal for a compromise agreement which will be done this week. do you think i should agree with it or just continue with the case bec. i have a feeling that my case is strong. your thoughts atty...

thanks.

what are your bargains?

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12 Re: losing child support case on Tue May 29, 2012 11:06 pm

ibonidarna


Reclusion Perpetua
Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer, however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel.

Please take note that we are governed by our Code of Professional Responsibility. It seems that you already have a lawyer. Unless your lawyer is unfaithful or neglectful of his duties to you, it s but proper for us to abstain from giving our professional advise.

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13 Re: losing child support case on Fri Jun 01, 2012 11:42 am

dream123


Reclusion Temporal
hi atty,

what do you mean my provisional dismissal? They wanted me to sign an affidavit of desistance but my fiscal doesn't approve and said provisional dismissal only.

If i signed the compromise agreement, will his NBI hit be removed and his bail be given back to him?

we haven't signed anything yet bec. it will be finalized nexw week and i do not agree with the amount that he indicated.

thanks.

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14 Re: losing child support case on Sat Jun 02, 2012 10:34 am

attyLLL


moderator
ibon, it's ok, she doesn't have a private lawyer; just the prosecutor who seems bent on having her case dismissed.

dream, if you don't agree on the amount don't desist. you cannot have the case reinstated. if the amount is ok, what i did for another client was to have the monthly allotments for the next ten years be secured through post dated checks


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15 Re: losing child support case on Sat Jun 02, 2012 1:02 pm

dream123


Reclusion Temporal
however, if the check bounced it will be another case...

the fiscal told me that it is better to sign the compromise agreement bec if not, my ex might be pushed to the wall and resign to his job and the worst is i may not get anything at all.

so confused atty...

thanks...

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16 Re: losing child support case on Sat Jun 02, 2012 1:09 pm

dream123


Reclusion Temporal
concepab wrote:
dream123 wrote:hi atty,

we had our hearing again last week and my ex and his lawyer already asked me and the fiscal for a compromise agreement which will be done this week. do you think i should agree with it or just continue with the case bec. i have a feeling that my case is strong. your thoughts atty...

thanks.

what are your bargains?

concepab- my bargains are the ff:

6k monthly support with increase yearly not yet finalized
40k medical bills on my CS birth
10k bills on my daughter's baptism
30k for the previous support he failed to give me. My daughter is already 2 yrs old.

he only agree with the 6k monthly and 20k medical bills which i think is very unfair and unacceptable.

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17 Re: losing child support case on Sun Jun 03, 2012 10:33 am

attyLLL


moderator
don't forget about school and emergency expenses such as hospitalization. but i believe 6k a month is substantial especially if there is escalation, but i suggest you do not make it yearly.

if you are willing to lose the offer then reject it and continue with the case.


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18 Re: losing child support case on Mon Jun 04, 2012 9:51 am

dream123


Reclusion Temporal

then what do you think atty? if not yearly?

what do you think is the acceptable and normal support from the father that can be approved by the court? he is earning about 40k monthly with by and sell of car parts as sideline? however, he has already 2 kids as well.

i am currently jobless as i resigned from my work bec his wife is harrassing me again.

i am thinking of just pursuing the case and just make sure that the support pendente lite will be approved by the court.

thanks atty...

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19 Re: losing child support case on Thu Jun 07, 2012 4:09 pm

dream123


Reclusion Temporal
up

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20 Re: losing child support case on Fri Jun 08, 2012 6:10 pm

attyLLL


moderator
make escalation every 3 years. if you don't find their offer acceptable then continue with the case. i believe your motion should have merit.


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21 Re: losing child support case on Sun Jun 10, 2012 6:29 pm

dream123


Reclusion Temporal
if there is a provisional dismissal in the case if i will sign the compromise agreement, will his NBI hit be removed and bail be returned to my ex?

thank you attyLLL.

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22 Re: losing child support case on Mon Jun 11, 2012 7:38 pm

attyLLL


moderator
no, his nbi record will not be removed until the case is dismissed with finality. as for bail, unlikely but judge might grant it.


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23 Re: losing child support case on Thu Jun 21, 2012 3:08 pm

dream123


Reclusion Temporal
hi atty,

i am quite dissapointed with the compromise agreement drafted bec the fiscal is not granting the request that i wanted to be included. What do you think atty, should i just continue with the case?

i have talked to some people who already filed a case and told me to like "bribe" the fiscal bec she my case is on her hands but i'm not sure about it.

thanks.

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24 Re: losing child support case on Sat Jun 23, 2012 1:16 pm

dream123


Reclusion Temporal
up

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25 Re: losing child support case on Sat Jun 23, 2012 2:23 pm

attyLLL


moderator
you are not disallowed from dealing with the other side directly. again 6k a month is not a bad amount, but ultimately the choice is yours to make.

the weakness in your case is that the father did not sign the birth certificate; he was just ill-adivised enough to admit it during the prelim investigation. but note, the records of the PI are not automatically included in the records.


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26 Re: losing child support case Today at 10:36 pm

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