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How to file a case for legal support for the child

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miyaka27


Arresto Menor
Hi good day po! I am a newbie in this forum, for I really needed some legal advices regarding the pros and cons for filing a case for legal support on my child. I and my husband separated 2years ago with a verbal agreement na he can visit my son anytime but hindi niya pwedeng kuhanin. my son is now 3 yrs old. at inaalagaan po siya ng father at mother ko since I am working abroad. first thing that came to my mind is to file an annulment but due to some reason still I am not able to do so,and to continue,at first regulary po siya navisit sa bata but later on hindi na siya pumupunta once a month na lang. minsan pa hinahanap siya ng bata, for such support I told him i am not forcing him na magbigay pero advice po ng family ko DAPAT ko daw obligahin siya sa dapat niyang responsibilidad. during the visits, bumibili lang po siya ng gatas at diaper but aside from that wala na. Ang point ko po kasi, If he cannot constantly do his responsibilities, wag na siya magparamdam sa amin forever. May question is, paano po ba magfile ng case regarding this? without sacrificing psychological effect on my son? I really need some legal advice please.

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Katrina288


Reclusion Perpetua
Hi, a demand for child support should first be made. This has to be in writing and with the assistance of a lawyer (in order to comply with the requirements of the law). This demand letter will lay the basis to elevate the matter to the court if your husband still refuses to give support to your child. After which, you can file petition for child support in court in order to fix the amount of support (usually monthly support) that he should provide to your son. This will not have any psychological effect on your son.

If you need legal help to assist you on this, please PM me.
Atty. Katrina

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Katrina288


Reclusion Perpetua
Hi, thanks for your message.

1. Do you mean po ba na ang dapat kong unang gawin is file a demand letter via lawyer? san po ito ipafile? directly po ba dun sa ex husband ko?

Yes, ang dapat na gawin is to send a demand letter through a lawyer. This will be sent directly to your husband. It will be sent to your husband through registered mail. It will not be filed it court but will be used as evidence later on paghumantong sa korte dahil ayaw pa rin magbayad ng ex husband mo.

2. Kung nagrefuse po siya ng obligation for support saka po ba ako magpafile ng case? ganun po ung understanding ko po sa paliwanag nio po I just want to clarify po,

Yes, pagnagrefuse pa rin siya magbigay ng support within the deadline na nakalagay sa demand letter, pwede na i-akyat sa court.

3. Ung letter of demand for child support, can I file eventhough I am here abroad? or sapat po nasa pinas ako?

It would be best na andito ka sa Philippines pagfile nung case, but you can also execute a Special Power of Attorney so that a representative can attend court proceedings on your behalf. Pero ang pagpadala ng demand letter for child support (no. 1 above), hindi kailangan na andito ka sa Philippines kasi ang lawyer ang pipirma dun.

4. Let's say nagfile po ako ng letter of demand tapos hindi naman po siya nagreponse or kung magrefuse po siya paano po un?

Pagsend ng demand letter sa ex husband mo, usually may nakalagay dun na deadline kung hang gang kelan dapat siya magbigay ng support. Kung ayaw pa rin niya o hindi siya sumagot, pwede na magfile ng case sa court for petition for child support.

If you want to proceed with this, just tell me if you need my assistance. You may also email me directly at km@kgmlegal.ph

Thanks and best regards,
Atty. Katrina

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4 hi, im new in this forum on Tue Nov 18, 2014 4:06 am

yuki18


Arresto Menor
Katrina288 wrote:Hi, a demand for child support should first be made. This has to be in writing and with the assistance of a lawyer (in order to comply with the requirements of the law). This demand letter will lay the basis to elevate the matter to the court if your husband still refuses to give support to your child. After which, you can file  petition for child support in court in order to fix the amount of support (usually monthly support) that he should provide to your son. This will not have any psychological effect on your son.

If you need legal help to assist you on this, please PM me.
Atty. Katrina

same as Katrina I'm also looking for help for child support.. The father of my kids left us even though he know that I am 3 months pregnant and he left my baby at her nannys house without anything.. both of us have job but i cannot support my kids alone. we have 2 kids and currently pregnanat. He stopped paying for our condominium and meralco bill now we cannot go back to our house because i cannot shoulder the bills.. He told me he cannot pay for it.. I need advice and also I would like to ask if I can get a free family lawyer.. I realy need help asap.. Thanks

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5 hi on Tue Nov 18, 2014 4:53 am

yuki18


Arresto Menor
Same as Katrina I'm also looking for help for child support.. The father of my kids left us even though he know that I am 3 months pregnant and he left my baby at her nannys house without anything.. both of us have job but i cannot support my kids alone. we have 2 kids and currently pregnanat. He stopped paying for our condominium and meralco bill now we cannot go back to our house because i cannot shoulder the bills.. He told me he cannot pay for it.. I need advice and also I would like to ask if I can get a free family lawyer.. I realy need help asap.. Thanks

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Katrina288


Reclusion Perpetua
yuki18 wrote:Same as Katrina I'm also looking for help for child support.. The father of my kids left us even though he know that I am 3 months pregnant and he left my baby at her nannys house without anything.. both of us have job but i cannot support my kids alone. we have 2 kids and currently pregnanat. He stopped paying for our condominium and meralco bill now we cannot go back to our house because i cannot shoulder the bills.. He told me he cannot pay for it.. I need advice and also I would like to ask if I can get a free family lawyer.. I realy need help asap.. Thanks

Hi,

Yes, you and your kids are entitled to support from your husband. If you are looking for a free family lawyer, you can go to the Public Attorney's Office (PAO). But they have a qualification with respect to the income bracket in order to qualify. Please go to the PAO in your area.

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hairLord


Arresto Menor
hi po. makisingit. tanong ko lang po f included po ba sa child support ang physical appearance ng father? nkbuntis po kc yung husband ko (b4 marraige nmn) ngbibigay nmn kmi ng financial support. ngayon, gs2 nya, bisitahin yung bby nya.

pwd po ba kaming mgrefuse sa request nya? thanx po.

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Katrina288


Reclusion Perpetua
hairLord wrote:hi po. makisingit. tanong ko lang po f included po ba sa child support ang physical appearance ng father? nkbuntis po kc yung husband ko (b4 marraige nmn) ngbibigay nmn kmi ng financial support. ngayon, gs2 nya, bisitahin yung bby nya.

pwd po ba kaming mgrefuse sa request nya? thanx po.

Hi, hindi po kasama dun ang visit. Kasi hindi naman mapipilit yung parent na bisitahin niya yung bata kung ayaw niya. Although of course better yun for the child kung visible yung parent.

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hairLord


Arresto Menor
thank u po ms katrina288. tinatakot kc kmi ng nanay. at list now, bahala xa manakot bsta ang impt, ngbbgay kmi ng financial support. (nkhinga dn) godbless po

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Katrina288


Reclusion Perpetua
You're welcome hairLord. God bless also Smile

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yuki18


Arresto Menor
Katrina288 wrote:
yuki18 wrote:Same as Katrina I'm also looking for help for child support.. The father of my kids left us even though he know that I am 3 months pregnant and he left my baby at her nannys house without anything.. both of us have job but i cannot support my kids alone. we have 2 kids and currently pregnanat. He stopped paying for our condominium and meralco bill now we cannot go back to our house because i cannot shoulder the bills.. He told me he cannot pay for it.. I need advice and also I would like to ask if I can get a free family lawyer.. I realy need help asap.. Thanks

Hi,

Yes, you and your kids are entitled to support from your husband. If you are looking for a free family lawyer, you can go to the Public Attorney's Office (PAO). But they have a qualification with respect to the income bracket in order to qualify. Please go to the PAO in your area.




Hi,
Thank you so much... I will do it right away.. I just hope PAO is open during weekends coz i have work during weekdays... I will try anyway.. Thank you

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yuki18


Arresto Menor
Katrina288 wrote:
yuki18 wrote:Same as Katrina I'm also looking for help for child support.. The father of my kids left us even though he know that I am 3 months pregnant and he left my baby at her nannys house without anything.. both of us have job but i cannot support my kids alone. we have 2 kids and currently pregnanat. He stopped paying for our condominium and meralco bill now we cannot go back to our house because i cannot shoulder the bills.. He told me he cannot pay for it.. I need advice and also I would like to ask if I can get a free family lawyer.. I realy need help asap.. Thanks

Hi,

Yes, you and your kids are entitled to support from your husband. If you are looking for a free family lawyer, you can go to the Public Attorney's Office (PAO). But they have a qualification with respect to the income bracket in order to qualify. Please go to the PAO in your area.



Hi,

Thanks for the advice
I would just like to add po na hindi kme kasal ng daddy ng mga babay ko.. right now po I am 4 months pregnant and I would like to know as well kung merun po akong right na ipa acknowledge sa kanya tong pinagbubuntis ko? Panu po ba gagawin ko.. thanks



Last edited by yuki18 on Sun Nov 23, 2014 8:57 am; edited 1 time in total (Reason for editing : spelling)

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Katrina288


Reclusion Perpetua
Hi,

If papa-acknowledge mo, kailangan pumirma siya sa birth certificate ng anak mo pag nanganak ka. Kung ayaw niiya pumirma, pwede ka magfile ng petition in court (pag nanganak ka na) to prove through DNA testing na siya yung ama ng anak mo.

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yuki18


Arresto Menor
Katrina288 wrote:Hi,

If papa-acknowledge mo, kailangan pumirma siya sa birth certificate ng anak mo pag nanganak ka. Kung ayaw niiya pumirma, pwede ka magfile ng petition in court (pag nanganak ka na) to prove through DNA testing na siya yung ama ng anak mo.


Hi,
thank you po for the advice..
tom po pinababalik ako ng womens desk para magsampa ng physical abuse. naka blotter na po kase xa. iniisip ku lang po pag pinakulung ko xa baka lalung d na xa magbigay ng support... d po xe nag eentertain ng legal matter office nila xe personal matters daw po yun. the problem is I dont know where he lives now. kaya naisip ko po pag me warrant of arrest baka pwede pa xang sa office mangyari... tama po ba?

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v3aja


Arresto Menor
hi...good eve...i want ask some legal advice about child support....my husband and i already seperated for 2 years and last year he file annulment...and about child support he pay for all the kids tuition we hve 4kids 1 colege and 3 elementary...he also give weekly for grocery and allowance of the kids...lately i chat him and said about increase the grocery but he ignore even my eldest chat him ask about extra allowance my husband refuse...so i decide to file case child support w PAO....
my question....can i win ba the case??!and how long the proces??anyway my husband now abroad and i dont know the new addres in pinas....
please advise atty....salamat po...

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Katrina288


Reclusion Perpetua
What is the status now of the child support case in PAO? If yung ground mo is economic violence, yes malakas naman laban mo. If your husband agrees to enter into a compromise agreement with you (which will be approved by the court), it can last for a few months.

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v3aja


Arresto Menor
hi gud morning....thank u for reply...
how if my husband not agree to enter into a compromise agreement??anyway last june punta ako sa barangay and sumbong tungkol financial support and my mistake i agree and sign the agreement about how much he willing to give is 12k for grocery and instead 12k he give 21k extra for kids allownnce and he pay all the kids tuition and he keep all the resibo
if lahat sya may evidence pangbigay nya sa mga bata...
yung gusto ko kasi bigay nya extra para sa grocery...anyway im also working now in agency...and my husband alwys said in family code not only husband may obligation also from me..
may chance ba ako win in this case??? thank u po atty..

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