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False child support

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1 False child support on Mon Apr 01, 2013 7:31 pm

viper12345


Arresto Menor
Good day,

Gusto ko lang po malaman kung what will be my rights regarding false child support.

Isa po akong OFW at hiwalay na po ako sa wife ko but not officially since 2006.

We married in 2004, pinakasalan ko sya dahil buntis na po sya that time which I though na sa akin yong baby which is hindi naman pala. Whe she get birth pina binyagan namin with my suremane of course. After a year nalaman ko nalang na hindi pala sa akin yong bata with her own words. Doon na po tumigil ang sustento ko sa kanya at nakipag hiwalay.


Now na malaki na ang bata (8 years old) having my last name pilit syang humihingi sa akin ng sustento sa bata.
My question is, if ever na mapatunayan ko through DNA test na hindi talaga sa akin yong bata pwede ko po bang i deny ko mga demands nya?

I'm planning pala to file an annulment dahil meron akong nabasa na pwedeng grounds for annulment which is;

(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;

I hope na tama yong pagkakaintindi ko dahil pinakasalan ko sya without knowing na hindi pala sa akin yong baby..


Please advise


Best regards,
Dice

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2 Re: False child support on Mon Apr 01, 2013 10:01 pm

poy386


Arresto Mayor
Yes, provided that from the moment your wife known already that she was pregnanted by other man, you may file an action of absolute nullity of marriage on the ground of frauds under ARTICLE 46(2) OF THE FAMILIY CODE.

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3 Re: False child support on Mon Apr 01, 2013 11:13 pm

viper12345


Arresto Menor
@poy386

Thanks for your advice. I'll see a lawyer pag balik ko ang pinas.

Regards..

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4 Re: False child support on Wed Apr 03, 2013 8:34 pm

attyLLL


moderator
seems to me that you've waited too long.

3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the
fraud;


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5 Re: False child support on Thu Apr 04, 2013 4:57 pm

viper12345


Arresto Menor
Hello AttyLL,

Could you please explain to me what mentioned on ARticle 45. Is this means na malabong maging ground for annulment yong magiging petition ko?

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6 Re: False child support on Thu Apr 04, 2013 5:17 pm

viper12345


Arresto Menor
Another question;

Once na ma proven through DNA test na hindi talga sa akin yong bata, right ground na po ba yon para hindi ko na sya supportahan? or I need to file another case?

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7 Re: False child support on Sat Apr 06, 2013 12:02 pm

attyLLL


moderator
what it says is that you can file a case of annulment for fraud through concealment of pregnancy by another man. however, you can only do within 5 year from learning of the fraud. according to your account, you learned it within 1 year of getting married which is 2005? that's already at least 7 years ago.

of course a 'creative' presentation of when you actually confirmed it might get it through.

in any case, a dna test will be the best evidence. if you can get her to do it voluntarily, then it will be good to have it done. costs at least 40k though.


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8 Re: False child support on Sat Apr 06, 2013 4:01 pm

viper12345


Arresto Menor
Hello AttyLL,

Thanks for your response, it really helps a lot. Now I know what em I going to do.

Regards

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9 Re: False child support Today at 11:58 pm

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