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Republic Act 9262, Republic Act 7610, and Civil Action for Support

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remeb


Arresto Menor
Hi Attorney, I need legal advice. I have a son with my X in the Philippines. Ako po resident naman sa US since 1996. I have been supporting my son since he was young. I sent monthly money to my X. I have been paying for my son’s school tuition from elementary, high school, and currently, his in college. I also send him monthly allowance and other expenses such clothes, shoes, projects, and school activities. Overall, I have been providing support to my son’s needs. However, when it comes to the mother’s opinion, she still thinks that I don’t provide enough support to my son.

Last Saturday, I received a demand letter from my X attorney stating that I should provide monthly support to my 17 year old son, in the amount of Thirty Thousand Pesos (Ph30,000.00), in addition to shouldering the former’s tuition and other school fees. According to the demand letter, I have 10 days to response to the attorney or my X. Otherwise, my X will take legal action to ensure the further of my son, such as, “a civil action for support,” “criminal prosecution under Republic Act 9262 (The Anti-Violence against Women and their Children),” and “Republic Act 7610 (The Anti-Child abuse Law), without prejudice to any administrative complaint that may be lodged with the Department of Homeland Security and the United States Embassy.”

My questions are: how should I proceed with this matter? Do I have a case against me? How should I dispute it? What is the Law for the child support? Is the amount of child support should be based in my income? Does my X have the right of her demands? Is there a law for the Anti-Violence against Father?

Honestly, I wouldn’t be able to afford the Ph 30,000.00 monthly included the school tuition and school expenses. They have to consider that I have a family to support here in the US, and the amount of salary I receive monthly is not enough to support my family here. I’m not refusing to provide support to my son in the Philippines, but I am only asking what is fair. What should I do? Please let me know so that I can take care of this matter as soon as possible.

I greatly appreciate all your help. Thank you in advance.

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Sweet25


Arresto Mayor
Mahal na kasi mga bilihin ngayon, as a single mom same with your X naintindihan ko xah. magccollege na ung bata xmpre magastos po un.. depende pa kung anu kinuha nya course diba?

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cheetoz15


Arresto Mayor
remeb-i think you should already consider getting advise of a lawyer. coz from my point of view even if your married or not with your ex and you have a son with her she can demand anything she wants for your son's education but not beyond your means that would be unfair. but unfortunately since your ex knows that you also have a family in usa that further complicates things. i know your providing support according to you but i think communication is the key with your ex that if you guys can meet half way regarding the additional support that she needs for your son. i dont think she also likes to go to court either and spend money just for the heck of sueing you for additional support.

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ibonidarna


Reclusion Perpetua
Your Ex had a case against you, but remember only if you came back to the Philippines will the case continue.

As to the administrative complaint, I don't think it will push through.

Just continue providing support in accordance with your means.

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remeb


Arresto Menor
Thank you for the advice.

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attyLLL


moderator
i recommend you write back and provide proof that you have been indeed providing for your son, even if it is not in the amount that they demand. give your reasons, but you don't have to disclose your income. retain proof that you sent such a letter and that they received. you can get a lawyer her to do it for you also

if they actually file a case against you, then you will be able to prove you have not been negligent in giving support.


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7 Legal Advise on Sat Feb 16, 2013 5:44 am

remeb


Arresto Menor
Hello attyLLL, thank you for your response. How much proof I need to provide? Would 6 months proof of records such as "Xoom.com history" that I have been sending money is sufficient enough. Please advise. Thank you in advance.

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attyLLL


moderator
yes, that is good evidence. try to compile your electronic communication also. i highly recommend writing back yourself or through counsel because it may stop a criminal complaint if the other lawyer realizes it will not prosper.


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