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Child Support, Please advice

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1 Child Support, Please advice on Thu May 31, 2012 12:55 am

chekchek


Arresto Menor
Hi, I have illegitimate child she's 7months now. The father did not sign the BC.

I am asking the father of my child to have affidavit of paternity, he doesn't want to but later on he said he will. I told him that it was needed in immigration officer so that my child can travel with me abroad.(Though i know it's not needed since she's under my name I'm Just giving him a reason Very Happy )

I just want to have the affidavit to prove that he is the father and can ask child support.

Please advise me on the following:
1. If the affidavit is already in my hand, what would be my first step. Send him a demand letter? How much will it cost if the demand letter is made by attorney?

2. Is it possible that his wife will sue me for interfering her family? Before they got married the girl knew that I'm pregnant but still they choose to settle down.

3. Can I still ask the father of my child to pay me back the half of hospital bills and expenses? We have agreement in their barangay hall that he will financially support me during my pregnancy,and will share the hospital bills and expenses but he didn't.

3a. I don't have a copy of this agreement because it was only written in their Barangay Hall's log book. Can I ask a copy of this and notarized as Certified True Copy?

Thanks for your time reading this. Your advice is highly appreciated.

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2 Re: Child Support, Please advice on Sat Jun 02, 2012 12:15 am

chekchek


Arresto Menor
please pa advice po..

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3 Re: Child Support, Please advice on Sat Jun 02, 2012 10:36 am

chekchek


Arresto Menor
Sir up ko lang poh... please advice me... thanks

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4 Re: Child Support, Please advice on Sat Jun 02, 2012 10:53 am

attyLLL


moderator
aba, good plan. a little deviousness for justice.

yes

yes

yes

if he refuses, you can file a small claims complaint to enforce the bgy agreement.


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5 Re: Child Support, Please advice on Wed Jun 06, 2012 10:06 pm

mikesags


Arresto Menor
gud day atty..by the term of child support how much is the monthly like my child now at the age of 10 he's now with his mother i turn over to her the custody,and just this month my reply with NSO office i await of our declaration of nullity,im a pnp im just a lower rank of po2,but im a converted to islam and i have also a 3 children now with my 2nd wife,she's also a muslim..i heard that if we'r annulled there will be a limitation to financial support for child of my former wife,,she has no permanent job,she's now a helper to the said subdivision,,she always make me bluff so many case she wana file into me,so that i can give a support of 3,000 /month,,is that enough or ?my salary now 21,000 only and my net now was 4500,,,

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6 Re: Child Support, Please advice on Thu Jun 07, 2012 6:06 am

ladybug1016


Arresto Menor
Hi Atty,

I am a mother of a seven year old son. Me and his father are not living together since turned 1 year old, All expenses were shouldered by me from the day we separated up to present though his father sometimes buy him some things for school, etc.. I am now in Singapore and decided to take my son with me. I am planning to let him study here in SG. I want to request a child support from his father since the cost of living here is high. His father is earning only $300/month, I want to know how much can I ask from his father as a child support? He is now also living with another woman since we separated. What are the cases I can file with this issue?

Please advise..

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7 Re: Child Support, Please advice on Fri Jun 08, 2012 6:00 pm

attyLLL


moderator
mike i'd think you should have your own lawyer if you are undergoing annulment, and these matters should be threshed in the proceedings.

lady, there is no fixed way to compute for that, but your child is entitled to receive something. given the circumstances, you can try a criminal case, but i find a civil case more appropriate, but i'd think you should get no more than P2-4k a month from this.


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8 Re: Child Support, Please advice on Sun Jun 10, 2012 2:42 pm

chekchek


Arresto Menor
Atty. may possibility po ba xang manalo in case idemand ako ng wife for monetary damages for interfering her family? wala na kame relasyon ng asawa nia child support nlang ang habol ko ngaun... buntis plng ako nung ngbreak kame at wla n kme communication nung asawa nia at bago sila ikasal may pirmahan na kame na mgssustento s mgging anak namin.

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9 Re: Child Support, Please advice on Mon Jun 11, 2012 7:34 pm

attyLLL


moderator
if the wife actually files a case, yes.


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10 Re: Child Support, Please advice on Sat Jun 16, 2012 11:56 pm

chekchek


Arresto Menor
attyLLL wrote:if the wife actually files a case, yes.

ay!! kng ganun poh mgkano po kaya ang estimated amount na possible nyang makuha sa akin? what if wala akong maibibigay skanya? kaya nga po ako naghahabol ng sustento dahil kapos me sa budget Sad

ano po ba ang magandang gawin na legal pero walang bad effect sa akin? meron po bang ibang way?

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11 Re: Child Support, Please advice on Mon Jul 02, 2012 5:27 pm

chekchek


Arresto Menor
ay!! kng ganun poh mgkano po kaya ang estimated amount na possible nyang makuha sa akin? what if wala akong maibibigay skanya? kaya nga po ako naghahabol ng sustento dahil kapos me sa budget Sad

ano po ba ang magandang gawin na legal pero walang bad effect sa akin? meron po bang ibang way?


* up ko lng poh Smile pasensiya na po sa kakulitan.

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12 Re: Child Support, Please advice on Tue Jul 03, 2012 7:21 pm

attyLLL


moderator
chek, the best thing may be to do nothing, and wait for her to just file a case. your defense can be that you did not know he was married. in any case, monetary damages lang naman makuha niya


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13 Re: Child Support, Please advice on Wed Jul 04, 2012 10:17 am

chekchek


Arresto Menor
Thanks atty. kaso alam poh nung asawa nia na alam ko na kasal na sila.

Mabalik poh tau sa topic.. magpapadala na poh ako ng demand letter ako lang poh gumawa. Ngayon po nagssama sila ng asawa nia sa Pasig umuuwi siya ng Bataan paminsan minsan sa bahay ng mga parents nia. Saan ko poh iaaddress yung demand letter sa bahay ng parents or sa Pasig?

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14 Re: Child Support, Please advice on Wed Jul 04, 2012 4:37 pm

attyLLL


moderator
send it to both


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15 Re: Child Support, Please advice on Tue Jul 24, 2012 6:17 pm

chekchek


Arresto Menor
hi attorney nagsend na po ako ng demand letter ako lang gumawa dun ko lang po nasend sa house ng parents, lumipat na sila ng apartment sa pasig kaya hindi na nakuha yung sulat dun im hoping nabanggit na ng nanay niya na may dumating na sulat for him.

kaso wala pa pong response Sad
hanggang ngayon lang po binigay ko sakanilang date kahit text or tawag wala po silang response sken. anu na po ang gagawin kong next step? File na po ba ng civil case at criminal case under R.A.9262, saan po ba ito fina file sa munisipyo or kapitolyo. pasensya na po wala kasi akong alam.

Anyway yung pinirmahan namin sa barangay na kasunduan about child support. enough na po ba un as filiation? yun lang po evidence ko na inadmit nya ung baby hindi kc ako nakakuha ng affidavit of acknowledgment Sad

thanks po

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16 Re: Child Support, Please advice on Fri Jul 27, 2012 6:26 am

chekchek


Arresto Menor
up ko lang poh..

another question is about small claim case, aside from hospital bill/expenses pwede ko din poh ba isama dun yung 1k monthly na hindi nla binibigay?

thanks again.

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17 Re: Child Support, Please advice on Fri Jul 27, 2012 7:35 am

AWV


Reclusion Perpetua
Idulog mu kaya sa T3 ang kaso mu kasi ang pagkakaalam ko kahit ilegitimate me chance kang makakuha ng child support karapatan ng mga bata yan kahit i deny pa nya kung sure kang sya ang ama. panuurin mo kaya itong F2F today.

http://www.pinoyfans.net/video/watch-131297?itemsid=466

Apat ang anak nya puro panganay yun pero naihingi ng child support.

chekchek wrote:up ko lang poh..

another question is about small claim case, aside from hospital bill/expenses pwede ko din poh ba isama dun yung 1k monthly na hindi nla binibigay?

thanks again.

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18 Re: Child Support, Please advice on Sat Jul 28, 2012 10:26 pm

chekchek


Arresto Menor
Thanks poh AWV but unfortunately I cannot play vids in this pc. but I'll keep your link. Thanks again.


to Attys: I would like to know poh if yung pinirmahan namin sa barangay na kasunduan about child support is enough na po ba un as proof of filiation? hindi ksi ako nakakuha ng affidavit of acknowledgment.

Also, aside from hospital bill/expenses pasok dn poh ba sa small claims case yung 1k monthly child support na pinirmahan namen? or ibang file poh ggwin ko dun? Thanks sa walang sawang pagtulong Smile

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19 Re: Child Support, Please advice on Sun Jul 29, 2012 5:54 pm

AWV


Reclusion Perpetua
1K lang monthly??? an liit naman ng hinihingi mo iha sa pampers pa lang ng pamangkin ku, kulang na yun! Razz

chekchek wrote:Thanks poh AWV but unfortunately I cannot play vids in this pc. but I'll keep your link. Thanks again.


to Attys: I would like to know poh if yung pinirmahan namin sa barangay na kasunduan about child support is enough na po ba un as proof of filiation? hindi ksi ako nakakuha ng affidavit of acknowledgment.

Also, aside from hospital bill/expenses pasok dn poh ba sa small claims case yung 1k monthly child support na pinirmahan namen? or ibang file poh ggwin ko dun? Thanks sa walang sawang pagtulong Smile

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20 Re: Child Support, Please advice on Sun Jul 29, 2012 8:10 pm

chekchek


Arresto Menor
un plng poh kasi yung nakasulat sa pinirmahan namin sa barangay nung buntis pa ko Smile

but now andito na si baby hindi na uubra yung 1k hehe

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21 Re: Child Support, Please advice on Sun Jul 29, 2012 10:20 pm

AWV


Reclusion Perpetua
Exactly! pambili lang ng manggang hilaw at baguung yan! Razz kaya mag demand ka na ng sapat para mapa aral mu rin ang baby mu! Smile

chekchek wrote:un plng poh kasi yung nakasulat sa pinirmahan namin sa barangay nung buntis pa ko Smile

but now andito na si baby hindi na uubra yung 1k hehe

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22 Re: Child Support, Please advice on Mon Jul 30, 2012 1:10 am

jaslene15


Arresto Menor
hi hingi lng po aq ng advice kng ano po ang dapt kng gwin hiwalay n po aq s asawa q my dalawang anak po aq isang 15yrs old at 4yrs old.nsa akin n po ung panganay qn anak my usapan po kmi ng x husband q n xa po lhat sasagot s lhat ng needs ng panganay nmin pro ndi po xa sumusunod madalang po xa mag abot ng pera ndi n nga po aq humihingi pra s bnsong anak nmin.ano po b ang dapat kng gwin?my karapatan p po b aq maghabol s x q pra s mga anak q khit my kalive in nq n iba?

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23 Re: Child Support, Please advice on Mon Jul 30, 2012 1:17 am

jaslene15


Arresto Menor
attorney please pa advice lng po gusto q lng po malaman kung anong dpat kng gwin tnx po!

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24 Re: Child Support, Please advice on Fri Aug 03, 2012 11:35 pm

attyLLL


moderator
yes, your child is still entitled to support, but you are vulnerable to being charged with adultery if you are married to your first husband


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25 Re: Child Support, Please advice on Sat Aug 04, 2012 4:43 pm

mel.key.16


Arresto Menor
@chekchek - Yung pinirmahan nyo sa barangay ay enough proof of filiation kung buhay pa ang tatay.

Pag patay na ang tatay, dapat inamin ng tatay sa notarized document, handwritten document ng tatay at birth cert lang ang pwedeng proof.

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