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Overpayment on Child Support / Stop Child Support

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jmcpro


Arresto Menor
I understand that there is an obligation for child support. I do not contest this and in fact, I am more than willing to provide child support to my child in Philippines. The problem is this.

Over the last 3 years, I have provided over 700,00.00 pesos. I did this in the promise that we were to be exlusive. She lives in Philippines and I live in Australia. I made an agreement with her, that I need a few years to get settled here in Australia then I would take them both. Meanwhile, I was providing about 20,000 or so per month. It's out of the goodness of my heart. (I was the one struggling, including living with my parents to make ends meet).

As I returned back, I walked in on her with another guy. Now, I have no problems giving child support. But considering, she never worked (she became dependant on me).

I have stopped all the support all together on the premises that I provided a lot in the last 3 years. We are not married and we have a 1 child together. Are these retractable? Per my calculation, these child support I gave her, is 15 years worth (about 4,000 pesos per month). I know it's based on my income and all. But considering what I earn here etc.etc.

My basis of temporarily stopping the support is based, that she lived off me for the last 3 years. All her expenses paid by me (including, some towards her sisters who needed money for hospitals, baby, studies etc).

Our child's birth certificate has my name on it and I do acknowledge she is my child.

Additionally: She does not want any help from me. Relationship wise. I am willing to take her back. It just hurts a lot when I sacrificed a lot just to be with her and completing the family by being together.....

Earnings: I earn about 60k Australian dollars. And I was giving 500 per month. Like I said, converting to pesos will be a lot but I am also spending in dollars not peso.

Marital Status: I am separated from my wife (not yet divorced). Therefore I am already providing 1k Australian dollars to our 3 kids. And I provided 500 per month on our 1 child with my partner of 3 years. Do you see where this is coming from? That's extra loads of money for child support.

So anyways. I am interested to learn where I stand on this, as I have no intention of giving anymore for the next 12 years.

The other thing is too, is she forced the issue of having a child together when we first met. I protested but eventually gave in. I wanted for us to get married first, bring her here to Australia then have a family. But she got what she wanted.

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attyLLL


moderator
i don't recommend you do that unless you are willing to risk a an economic abuse charge, but you can reduce it to a more manageable amount.


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jmcpro


Arresto Menor
OK, so you are saying... that whatever money I gave in the past 3 years.... in comparison to what my child support payments should be considered as a gift and I can't get it back.. ? I just wanted to make it fare.... that I gave the correct child support ... over 700K pesos in the last 3 years...... that's about 20k per month when really it should only be around 5k per month...

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attyLLL


moderator
your position could be arguable if she still had the money to use for the child or she has the means to give it back. i assume it's all gone and the only hope for support for your child is you.

and you are correct, the law will look at your prior remittances as previous support and as donations to her.


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jmcpro


Arresto Menor
Thank you.....what are the costs of legal bills in this case for a Filipino (assumming that she will find a way to file an economic charge abuse)... what does she need to do? And in saying that. I suppose being of different nationality is irrelevant? I was born in Philippines but I am Australian by nationality...

What I am after, is just that. That I gave her so much and I would like to make it fair for me but after what you just wrote I guess, I am in the loosing end.

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attyLLL


moderator
cost of legal representation depends on which lawyer you retain.

australia uses a mathematical formula for computing support. why not start with that?


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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jmcpro


Arresto Menor
thanks. I was more interested in a ball park figure if say she hires a lawyer from Philippines. I know costings vary...but you would know how much some will charge and others would...

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