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ILLEGIMATE CHILD FINANCIAL SUPPORT

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1 ILLEGIMATE CHILD FINANCIAL SUPPORT on Tue Sep 14, 2010 12:40 pm

serinity


Arresto Menor
Good day Attorney. I am 7 months pregnant now. Problema ko po is gipit na ako dahil malaki na ginastos sa prenatal and ultrasound na paulit-ulit and mga gamit ng baby ko na binibili ko na bago ako manganak. Pupwede na po ba humingi ng support sa guy na nakabuntis sa akin kahit hindi pa ako nanganganak? Possibility na masesaryan po ako at ang gastos aabot na ng P60,000.00 plus eh wala na po ako ganun halaga.

I am certain that he is the father of my child and he himself inaacknowledge niya po since nabuntis ako na siya ang ama ng baby ko thru chat at sa text niya. Nakasave ito sa cellphone and laptop ko. And he promised to give support to the child. Pero po hindi sumasang-ayon ang wife niya sa amount na ibibigay ng support sa bata. Pinalitan niya name ng YAHOO account niya at nagpalit na ng cp# para ideny ang anak ko at huwag na suportahan.

He even refused to sign an affidavit of paternity and the Birth Certificate pag inilabas ko na ang bata. Pupwede na po ba ako magfile ng petition for protection of financial support while I'm still pregnant? Problem is sinabihan ng wife ang ama ng baby ko na huwag na magtrabaho para walang maibigay na support sa baby ko pagnaisilang na. Now he is unemployed.

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2 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Tue Sep 14, 2010 8:23 pm

attyLLL


moderator
you will have to pass the first hurdle where you have to establish that he is the father. without written acknowledgment from him, your remedy is to file a petition in court to establish filiation and for support. the trend these days is that the court will order a dna test, but this is not possible until the child is born.

since you are already 7 months, you can actually file your case now. by the time pre-trial comes around, you will already have given birth.

text messages and chats can be used as evidence. the problem is how to prove that the other person owns the cell phone number and the account.


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3 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Tue Sep 14, 2010 8:30 pm

serinity


Arresto Menor
thank you attorney for the reply..

What case po ang i-file ko? And Where can I go to file a case? I live in Paranaque City. Someone advised me to go to DOJ pero kailangan po ba ng private lawyer?
















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4 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Tue Sep 14, 2010 8:49 pm

attyLLL


moderator
if you are looking for legal aid, you can ask from the Public Attorney's Office, Integrated Bar of the Philippines or legal aid office of law schools.

if the husband has no assets, the rules allow that their marital assets be levied upon.

what i am recommending to you is a civil case for filiation and support. you can also explore filing a case of economic violence but without proof filiation with the father, i doubt it will prosper.


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5 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Wed Sep 15, 2010 3:03 pm

dream123


Reclusion Temporal
hi atty, i have the same case but i already gave birth last Sunday. Please advise on how do i go about in filing a civil case for filiation and support and how much would it cost me? How much would a DNA test cost and how long is the result? thanks

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6 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Thu Sep 16, 2010 2:12 pm

attyLLL


moderator
ysa, you will have to acquire legal counsel to help assist you in preparing your complaint. cost depends on which lawyer you retain. cost of y-chromosome dna exam, private lab - 30 to 50 k. UP lab, if ordered by the court, free or charged to the father if positive. results, private lab 1-2 weeks, UP 1-3 months (as per info from colleague).


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7 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Sun Sep 19, 2010 3:55 pm

dream123


Reclusion Temporal
where can i seek legal counsel? i do not know any lawyer. is there any govt institution that can help me? i know PAO but i believe im not qualified bec of my salary.

i wanted to threaten him first so he can give me money bec he always tells me through email that he will give money once he already have savings but i know that he has money since he is an engineer.

i already gave birth and i shouldered everything.

i already sent him a demand later a month ago but he doesnt seem moved by it. please help.

Thanks...

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8 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Sun Sep 19, 2010 11:06 pm

attyLLL


moderator
you can contact the lawyers in this forum, the local chapter of the integrated bar of the philippines, or the legal aid office of the nearest law school. good luck.


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9 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Mon Sep 20, 2010 8:26 am

dream123


Reclusion Temporal
can i have the contact numbers please? thanks

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10 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Mon Sep 20, 2010 6:05 pm

attyLLL


moderator
i believe you can look up the ibp website. for legal aid offices, you can go to the ateneo law school in rockwell, makati or up office of legal aid in diliman. good luck.


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11 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Mon Sep 20, 2010 6:34 pm

dream123


Reclusion Temporal
how much do you think it would cost and how long will the trial be?

thanks...

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12 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Mon Sep 20, 2010 6:57 pm

attyLLL


moderator
that depends on what acts your counsel will take and many other factors. it may be that the father acknowledges and gives support after just a demand letter. good luck.


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13 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Tue Sep 21, 2010 9:44 am

dream123


Reclusion Temporal
i already sent him a demand letter but he still refuses to give support.

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14 affidavit of support from a foriegner partner on Thu Sep 23, 2010 2:53 pm

JADE


Arresto Menor
Good day atty. I am living with my foreigner partner for 7 years now, we have 5yrs old daughter and now i am 8 months pregnant to our 2nd child, just recently we had a big fight,at from then on hindi na nya ako binigyan ng allowance, everytime palaging sa maid na lang nya binibigay ang perang pang bili ng things needed here in the house.Me mga personal din naman akong needs esp. our daugther.I've been a full-time mother for 7 yrs, as he wanted me to, how many times i asked him permission na gusto kong mag work pero, gusto nya hands- on ako as a mother, so i did for 7 yrs, now wala akong enough savings to support my children.

gusto ko ng umalis, pero kakailanganin kong umuwi ng province namin, dahil dun ang bahay ko, my daughter have to stop school if ever, isa pa i asked him to sign an affidavit of support para sa anak namin at sa ipapanganak ko,pero ayaw nya, basta nangako lang cya na susuportahan nya anak namin pero walang aggreement to sign. How can i make him sign an aggreement of support? can i also ask him to support my needs while i am still pregnant? and until i haven't recover yet? what are my rights?please advice me. thank you.

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15 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Sun Sep 26, 2010 9:49 am

attyLLL


moderator
jade, do either of you have some impediment to getting married, such as a previous marriage?


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16 child support from a foriegner partner on Sun Sep 26, 2010 11:04 am

JADE


Arresto Menor
separated po ako. after a year and half of our marriage, the guy left me at wala na akong narinig sa kanya. i even don't know where he is. is he still alive or maybe me iba na ring pamilya. after more than a year of my separation, I meet my partner now and we've been together for almost 7 years now, we have a 5 year old daughter and i am 8 months pregnant with our second child. As for my partner, he was a divorce man. Gusto ko na rin po humiwalay sa partner ko ngayon, i've tried but emotionally, hindi ko na kaya pang makisama. gusto ko po sana malaman kung anung karapatan ng mga anak ko? Me right din po ba ako to ask support while i am still pregnant till i recover? Thank you. I need an advice po para sa mga anak namin. More power.

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17 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Sun Sep 26, 2010 2:45 pm

attyLLL


moderator
jade, on the birth certificate of your first born, who is declared as the father? is the child legitimate or illegitimate? are you declared to be married? did your partner sign the birth certificate?

here's the funny thing. the law looks at your kids as children of your husband because you are married.

if your live in partner acknowledged the birth certificate, then you can use it as basis to seek support.


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18 child support from a foriegner partner on Sun Sep 26, 2010 9:35 pm

JADE


Arresto Menor

yes, he acknowledged our first born as his, he signed on the birth certificae of our daugther and our daughter is using his name. He just want an oral agreement of support and doesn't want to sign anything in paper. What can i do to make him to sign?

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19 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Mon Sep 27, 2010 12:05 pm

attyLLL


moderator
first, jade, what does it say on the birth certificate, that you are married to each other? your daughter is legitimate?

the obligation to support exists even without a written contract, and oral contracts are binding if they can be proven. once he starts giving, you can give a receipt to establish the normal amount he sends and that will be your proof of the existence of an oral contract.


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20 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Mon Oct 04, 2010 7:51 am

dream123


Reclusion Temporal
can i have the engineering license of my ex boyfriend be cancelled?

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21 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Mon Oct 04, 2010 8:01 am

dream123


Reclusion Temporal
can i go to caloocan city hall instead to seek legal counsel?

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22 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Mon Oct 04, 2010 11:35 am

dream123


Reclusion Temporal
kindly enlighten me on below please? does it mean that i can avail the service of PAO even though im not indigent? thanks. does the caloocan municipal hall have PAO service as well?

SECTION 35. Rights of Victims. In addition to their rights under existing laws, victims of violence against women and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance office;

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23 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Mon Oct 04, 2010 10:22 pm

attyLLL


moderator
ysa, there is no harm in trying to get legal assistance with the PAO. i'm just not sure how they apply that provision with law with their mandate to serve only indigent clients. you can also try to look for a lawyer who will just assist you in drafting your complaint so that the cost is not too much. this is what i do for some of my clients.

i'm afraid i'm also not familiar with engineer's code of ethics. with lawyers, our private lives can certainly affect our professional career.


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24 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Mon Oct 04, 2010 10:28 pm

dream123


Reclusion Temporal
thanks atty.

i was able to contact PAO and as per checking, my salary qualifies. i will visit them within the week and hopefully will be able to push through with case.

do you think emails and txt messages from him that he's acknowledging our child is enough? he was not able to sign the birth cert since he's not there when i gave birth..



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25 Re: ILLEGIMATE CHILD FINANCIAL SUPPORT on Mon Oct 04, 2010 11:00 pm

attyLLL


moderator
if you can prove the texts came from him then they are good evidence. emails are considered signed by him so they will help you also, good luck.


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