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Can a jobless father be oblige to support an illegitimate child?

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Arresto Menor
Hello Atty!

      My name is Sue. I just recently joined. I have concern about my husband's illegitimate child's support. We just got married last year and even before we were newly met, I knew that he has a child and that he is giving a full support to his daughter since even before the mother allowed their child to use the surname of my husband.

      The situation right now is this, when we decided to get married last year, my husband also decided to leave his work in abroad because he want to stay with me. Thus, it made him jobless now. We live by means of some support from my siblings abroad. I am fully aware that his child has the right to be supported, but can the mother oblige my husband to support since he has no personal income now? On my part, I am still willing to support if not totally all the needs but I would like to make a demand from the mother to let my husband and the child to communicate, because the mother cut all the means or closed all the means of communication bet my husband and the child except the bank account. It was the only thing she left open.. Can I make a demand in exchange of support?

    Thank you!

Last edited by SueNicolas on Fri Jun 17, 2016 6:25 pm; edited 1 time in total (Reason for editing : thought of more appropriate title of the topic)

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Reclusion Perpetua
I think you have nothing to do with any rights between father and his illegit child or vice versa. I would not suggest to leverage support over visitational rights. Because, support is his mandatory obligation, whether communication is open or not, whether the father is of bad faith or not. Many is failing to accept this fact based on most stories I read. If father fails to provide financial support even if he has capacity to do so, then he is liable for criminal offense. So you see, it is mandatory.

If father cannot provide support, jobless or has no other means of income whatsoever, what I remember is that, he needs to prove that in court upon charges against him is filed. Then, his income-generating parents and/or other siblings may be obliged to provide support if court orders for it. Support may come and/or provided in cash or goods.

Father may ask his visitation rights over the child in court if this is his interests. Schedule and approval can be discussed in court. Illegit child may use father's surname if he is acknowledged by the father by any other means of documentation.

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Arresto Menor
Thank you for sharing some knowledge about the situation. We don't want to bother the parents of my husband bec they too are just receiving suport from my husband's siblings in which almost all of them has their own family.

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