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child support - badly need advice, pls help

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1 child support - badly need advice, pls help on Wed Jul 30, 2014 12:40 pm

lovingfather1221


Arresto Menor
I have a 2 year old daughter from my long term ex-girlfriend. We were never married and got separated about couple of months after my daughter was born. In as much I do not like to divulge the details of our separation, I believe this is the only way that you could understand the gravity of my situation for you to give legal opinion. From the start of our relationship, I already had a knowledge about her psychological condition. The mother of my daughter is a diagnosed to be a person who is suffering from a bi-polar disorder sine her teenage years. That being said, it didn’t stop me from pursuing our relationship because of my strong emotional attachment with the person. Years had passed and our relationship continue to progress. We found out that she got pregnant and we eventually decided to move in together in one roof. It started out okay but our situation drifted to another direction because she started to use physical violence against me which I believe was caused by her condition. I was able to forebear my suffering from the time that we lived in together but the situation didn’t change even after my daughter was born. That is the time when I decided to let go of our relationship.

My daughter is with her mother ever since. I am providing financial support on a consistent manner which is every payday. Though I am consistent with the child support I am not allowed to see my daughter regularly. Furthermore, the family of my child’s mother is demanding an increase in monetary support from time to time. I admit that the amount which I believe to be sufficient and within my means remained the same. This is where my current dilemma lies. The family currently asking for me increase the amount of my support again, this triggers me to realize that it’s about time to take legal steps about our situation. I did research about child custody before and learned that the child has to stay with the mother until 7 years of age, though I also learned that this rule is not absolute. Given the psychological challenges of my child’s mother, do I have a chance in obtaining custody of my daughter should I decide to pursue legal battle? It never occurred to me before to fight for the custody as I understand that it is the best interest of my daughter to be with her mother during her infantile stage.

If in case the thought is not organized, there are just two matters that I want to be cleared off. First, if in case I choose to fight for the custody of my child, would the fact that the mother is a diagnosed bi-polar stand in court as my defense? Second, is there a definition or any legal basis for the amount to be supported to a child?

Please excuse my long composition but I am really in need of answers to my continuing dilemma. I am clueless in terms of legal steps to be taken and I’m also planning to seek help from PAO as my financial state doesn’t allow me to get a private attorney.

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attyesc


Reclusion Temporal
Under the law, an illegitimate child is under the sole parental authority of the mother. The father is only entitled to reasonable visitation rights. The amount of support depends on the needs of the child and the means of the parent.

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lovingfather1221


Arresto Menor
Hi attyesc, thank you for taking time to respond to my query. What if the family keeps on demanding unreasonable amount as support for my daughter? They even sent an unrealistic breakdown of the monthly expenses for my daughter. This “breakdown” comprises of electricity, LPG, water, laundry, toys, books, toiletries, and diapers. Everything is accounted for and as if my daughter is a mere “boarder” in their home. Practically speaking, how do you quantify LPG, electricity and water for my daughter’s usage? There are just things in life that we do or give out of love and those expenses does not have to be charged to the other party. They are requesting for a meeting to discuss about the issue but from my experience, a rational discussion with the mother of my daughter is just impossible. Not to mention that they do not want us to settle this in a legal manner so to speak. I have sent a computation of my financial support for my daughter and it appears that I’m giving more than 40% of my annual income to my daughter. Isn’t that amount more than enough if as you’ve mentioned we are to balance the need of a two-year old child and the means of the giver?

Again, thank you for your valuable inputs. Anyone who could give advice would be highly appreciated.

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attyesc


Reclusion Temporal
You can insist that BOTH of you as parents should shoulder the expenses of the child. 40% of your salary is ok but if you don't have other dependents, maybe you could adjust a little bit more. Litigation is time-consuming and i hope you could settle this amicably na lang.

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lovingfather1221


Arresto Menor
Say I’m earning a clean 20k per month and the financial support for my daughter is 6k per month. That’s just 30% of my monthly net income, the other 10% is invested in a financial plan named after my daughter. Basically, they couldn’t feel the 10% at this point in time because it is invested in a long term financial plan. Would the amount that I invest for my daughter form part of my financial support to her? If ever my problem escalated to litigation, would the court take into account the amount that is invested in a financial plan?

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attyesc


Reclusion Temporal
Under the Family Code, support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation. It really depends on the court if it will accept the financial plan as part of your support. You must have a strong argument to convince it.

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concepab


Reclusion Perpetua
You are lucky 'coz they'are not asking for you underwear. just kidding... both parents should shoulder the expenses of the child. just continue sending your support for the child. keep your proof that you are doing your part.. just in case they decided to file a case against you. do not disclose to them your salary, they will eat you alive.  Very Happy 

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Gwaycee03


Arresto Menor
Kung hindi po ba pumirma sa birth certificate yung lalake puwede khit magkano lang ang ibigay?

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