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Need Legal Advice and Lawyer please

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1 Need Legal Advice and Lawyer please on Tue May 17, 2016 8:34 pm

Patty1204


Arresto Menor
My husband and i were married for almost 3yrs now. However, we are having a problem with her ex gf. They had a son, i guess he's 4yrs old already. Though my husband was not registered in the childs birth cert, he still gives him 700 pesos a week (all deposit slip are still kept with us). Now, the problem is, his ex was asking for 6000 pesos to be able to send their son to school. The problem is, my husband is not financially capable to sustain that amount of money. And besides, we now have our own family, as i am currently pregnant. I think his ex gf and family are being too demanding already, and started to threaten me as well that they will kill me if i dont cooperate, as they also wanted now to put my husbands name in the birth certificate.they also sent a text few hours ago that they filed a case against my husband for neglecting his responsibility to the child. Im not sure if they were just trying to scare us because i think his cousin is an spo4 something. Please help how to deal with this matter. Thank you so much in advance.

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2 Re: Need Legal Advice and Lawyer please on Wed May 18, 2016 9:24 am

Patty1204


Arresto Menor
We are planning to meet them and discuss fixed amount that we can give them monthly. However, we need a lawyer to furnish this for us and stop them from taking advantage of my husband. They ask for money like as if my husband is earning millions.please help us to resolve this immediately. Thank you once again

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3 Re: Need Legal Advice and Lawyer please on Wed May 18, 2016 9:41 pm

leogurl


Arresto Menor
ganyan din yung situition ng asawa kahapon nagconference kami wala fixed amount at depende lang s kayang ibigay ng asawa mo dapat din e hati sila s gastos ng bata

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4 Re: Need Legal Advice and Lawyer please on Wed May 18, 2016 9:56 pm

Atty.JB


Arresto Menor
Hi Patty,

Firstly, support is never absolute but relative. Meaning, no person can be compelled to give support more than his financial capacity permits.

You can prove to the other party (your husband's ex) that your husband does not have the financial capacity to provide what his ex asks. You can show your husband's earnings on a daily/weekly/monthly basis together with the fact that your husband also has the obligation to support you and your family.

Second, as to the threatened case, please be advised that the ex CAN file a case for economic abuse (refusal to give support) under RA 9262 or 7610 as these are usually the most common grounds to receive support. However, you and your husband can readily defend yourselves in these cases by proving your husband's financial capacity (as discussed above).

I hope this helps.

- Atty. JB

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5 Re: Need Legal Advice and Lawyer please on Thu May 19, 2016 3:52 am

leogurl


Arresto Menor
atty jb pano yung sa asawa ko nagconference kami kasama nun ex ng asawa ko na naanakan niya napagkasunduan na tuition school service at half amount of the book lang bibigay namen gusto ko lang malaman kung ano pwede ikaso sa ina ng bata kapag humingi pa sila ng iba na wala sa kasulatan at kapag napatigil ang bata sa pagpasok at kapag nangulo pa sila sa pamilya q dahil yung ina ng bata e wala trabaho
baka di nila maibigay yung pangangailangan ng bata sa kasulatan kasi sila ung magbibigay ng ibang kailangan ng bata samen lang tiution school service at kalahati ng sa book

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6 Re: Need Legal Advice and Lawyer please on Thu May 19, 2016 7:17 am

Patty1204


Arresto Menor
Good morning Atty JB. Thank you so much for your quick response, i really appreciate the time you extended to answer my case. Smile my husband already explained his side to his ex gf, that he has his own family now to support and is also not earning that much. However, the x gf said she doesnt care and said that we have no choice but to comply to her demands. It is possible for a lawyer to help us to furnish an agreement to formalize the support given to the child? This is also to avoid them from asking too much and at the same time, stop them threatening us if they dont get what they want. Also, i would like to ask if my husband has the right to say no for their demand that his name should be listed in the birth certificate. Because i believe, during their relationship, the x was already married, and when my husband found this out, he broke up with the girl. Thank you once again Atty JB and God bless you

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