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Child Support

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1 Child Support on Thu Jun 30, 2016 4:29 am

greenrose


Arresto Menor
Hi,

I have read many articles/forum about child support coz I want to file for it for the benefits of my 5 y/old son. His father was not giving support for his studies. My question here's what's the first step I should do to file for a child support. Where should I go first because I don't have that much money to pay for attorney's fee and how long it will take for the process so that I will get a support for my son to his father? Also, what if after filing a case and the father of my son still doesn't want to give a support, can he be penalize/send to jail or can i request the court to revoke his Driver's License? I currently residing in Cavite.. Your response will be highly appreciated coz I really want his father to give a lesson so that he will be obliged to support his son. Needing to take actions immediately also. Thank you so much

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2 Re: Child Support on Sun Jul 03, 2016 1:51 am

marlo


Reclusion Perpetua
Due to your stated financial constraints, you may visit the nearest PAO office to your place - Public Attorney's Office and ask for their legal assistance and advise. They might give you more details including letter of demands etc etc.

Yes he is liable for a criminal offense for non-support as long as you can prove your claims in court. Jailterm, bailable afaik. Revoking license has no bearing with that case.

As they say, revenge might be a sweet for others but it wont give peace of mind. XD

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3 Re: Child Support on Mon Jul 04, 2016 7:19 am

Anak2nd


Arresto Menor
Hi
Goodday my father is not supporting my younger sister in school for almost 3 years. I would like to force him to give enough food allowance at our house and to support my younger sister in her studies since he has a job a manager perhaps. He only give my mom a 2000 for a week which is not enough. My father and mother is not talking to each other for almost 3 years. I the 2nd child had a history of not being funded since my 3rd year college 2nd semester. Since then i haven't talk to my father due to my hatred to him. He is still living with us. I also want to make him paid my elder sister for supporting my younger sister for almost 3 years. My elder sister has a job but shes not earning enough to provide for my younger sisters need. Please help us. Ive been seeking right person since we dont have enough money to pay an attorney with this matter. Thank you

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4 Re: Child Support on Wed Jul 06, 2016 11:36 am

igopkram


Arresto Menor
greenrose wrote:Hi,

I have read many articles/forum about child support coz I want to file for it for the benefits of my 5 y/old son. His father was not giving support for his studies. My question here's what's the first step I should do to file for a child support. Where should I go first because I don't have that much money to pay for attorney's fee and how long it will take for the process so that I will get a support for my son to his father? Also, what if after filing a case and the father of my son still doesn't want to give a support, can he be penalize/send to jail or can i request the court to revoke his Driver's License? I currently residing in Cavite.. Your response will be highly appreciated coz I really want his father to give a lesson so that he will be obliged to support his son. Needing to take actions immediately also. Thank you so much
Yung tatay po ba ng bata, nakapirma sa BC nito? If yes, you have a case.

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5 RE:child support on Mon Jul 18, 2016 11:10 pm

greenrose


Arresto Menor
Yes...


However the father of my son told me that when I file a case against him he will never ever give any support to his son even the court order him to do so. does the court can force him to give a financial support to his son? Can he be penalized if he didn't oblige the order of the court?

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6 Re: Child Support on Tue Jul 19, 2016 10:02 am

ador


Prision Mayor
greenrose wrote:Yes...


However the father of my son told me that when I file a case against him he will never ever give any support to his son even the court order him to do so. does the court can force him to give a financial support to his son? Can he be penalized if he didn't oblige the order of the court?

He will be sent to jail IF you file for RA9262, and a resolution issued OR agreement has been reached in court and he does not comply.

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7 Re: Child Support on Tue Jul 19, 2016 10:11 am

ador


Prision Mayor
Anak2nd wrote:Hi
Goodday my father is not supporting my younger sister in school for almost 3 years. I would like to force him to give enough food allowance at our house and to support my younger sister in her studies since he has a job a manager perhaps. He only give my mom a 2000 for a week which is not enough. My father and mother is not talking to each other for almost 3 years. I the 2nd child had a history of not being funded since my 3rd year college 2nd semester. Since then i haven't talk to my father due to my hatred to him. He is still living with us. I also want to make him paid my elder sister for supporting my younger sister for almost 3 years. My elder sister has a job but shes not earning enough to provide for my younger sisters need. Please help us. Ive been seeking right person since we dont have enough money to pay an attorney with this matter. Thank you

You and sister are of minor age?
Your mom has the legal right to charge him with economic violence, but you said he sends/gives 2k/week? that's not bad at all. Considering that legally; "financial support is based on the capacity of the provider, and not on the demand of the receiver."

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8 Re: Child Support on Tue Jul 19, 2016 10:23 am

igopkram


Arresto Menor
ador wrote:
greenrose wrote:Yes...


However the father of my son told me that when I file a case against him he will never ever give any support to his son even the court order him to do so. does the court can force him to give a financial support to his son? Can he be penalized if he didn't oblige the order of the court?

He will be sent to jail IF you file for RA9262, and a resolution issued OR agreement has been reached in court and he does not comply.

I agree with sir ador.

Given that the father has signed the BC, he is obligated to provide support. Otherwise, he is liable for RA9262 under Economic Sabotage.

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9 RE:child support on Thu Jul 21, 2016 6:37 am

greenrose


Arresto Menor
how long will be the process if I will go to PAO on Monday? What if he did not show in the court hearing?

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10 Re: Child Support on Thu Jul 21, 2016 10:42 am

attyLLL


moderator
prepare your patience. but going to PAO is at least a start. They will summon your husband. If he does not appear, they will assist you in filing a criminal case against him.


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11 RE:child support on Tue Jul 26, 2016 1:25 am

greenrose


Arresto Menor
Hi,

Been to PAO this morning, have mediation letter on hand for this coming august. what if he didn't come up for the invite of my PA , what will happen next?

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12 NEED HELP on Tue Jul 26, 2016 7:23 pm

IamCharie


Arresto Menor
Hi. I have a question, my friend wasn't able to send money to his wife and 3 children this month. Apparently they're already separated but not legally. He is currently in manila while his wife and children are in Bicol. The "wife" then became hysterical when he told his wife that he will not be able to send money this month since his salary wasnt enough then. He is a security guard in one of the malls here in manila. And then his mom called him saying his wife went there to his parent's house and threatened that she will sue my friend for not sending them money. But this was the only month that he missed his support. He sends them money every cut off. The "apparently" the wife also called dswd and his agency and complained about the said issue. Now will that be a ground for her to sue him or for the agency to remove him from his work?

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13 RE:child support on Wed Jul 27, 2016 1:34 am

greenrose


Arresto Menor
hi,

this morning, I went to the office of my son's father to give him the Mediation Letter from PAO through his supervisor. On the letter it was written the schedule we need to be in PAO. what if he deny he did not receive the letter and make it an alibi as a reason why he did not showed up in PAO? Is it a valid reason on his side?

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14 Re: Child Support on Wed Jul 27, 2016 9:56 am

attyLLL


moderator
iamcharie, it can be grounds to start a criminal complaint under VAWC, but i don't believe it should be a basis for terminaiton

greenrose, i would've recommended that it be sent via registered mail and not through his supervisor. but if he does not appear then the PAO will forward the case to the city prosecutor


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15 Re: Child Support on Fri Jul 29, 2016 4:09 pm

ador


Prision Mayor
greenrose wrote:hi,

this morning, I went to the office of my son's father to give him the Mediation Letter from PAO through his supervisor. On the letter it was written the schedule we need to be in PAO. what if he deny he did not receive the letter and make it an alibi as a reason why he did not showed up in PAO? Is it a valid reason on his side?

If you have a copy of same letter with you, send a copy of it to him through registered mail. Do not lose your own copy. Then proceed as the court tells you. Patience and perseverance.

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16 Re: Child Support on Sat Jul 30, 2016 11:42 am

lenzalai


Prision Correccional
ador wrote:
greenrose wrote:Yes...


However the father of my son told me that when I file a case against him he will never ever give any support to his son even the court order him to do so. does the court can force him to give a financial support to his son? Can he be penalized if he didn't oblige the order of the court?

He will be sent to jail IF you file for RA9262, and a resolution issued OR agreement has been reached in court and he does not comply.

been reading some of the posts here, usual advice to cases like this is to file RA 9262 as a remedy..

I actually filed RA 9262 for Economic abuse against my husband since May 2015, though the case did not prosper because my husband could not be captured even if the warrant has been issued.AFAIK, my husband is now at large but still enjoying his life with his mistress and his mistress' family Mad Mad

so frustrating to know that justice will never be served for ordinary people Crying or Very sad Crying or Very sad Crying or Very sad

we just hope and pray that Change is really coming. pale

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17 Re: Child Support on Sat Jul 30, 2016 5:43 pm

ador


Prision Mayor
lenzalai,
if you have the information on his whereabouts, you could inform the police station of that town/city, and bring something for the head of the warrant section.. They will not actively look for him, it's not like a case of murder, you see. And truth is the police are quite lazy unless the upper brass tells them to move their asses.

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18 re:child support on Tue Aug 02, 2016 12:52 pm

greenrose


Arresto Menor
with regards to our mediation scheduled today, he didn't showed up and it seems he never care to show up...he also mentioned he will never ever give any amount of money even the court tells him. What will be my next move after the 3 sets of mediation and he did not still show in the court? Can i proceed to file a case against him? What if he did not show up again? I am really desperate to solve this issue coz its for the sake of my son...

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19 Re: Child Support on Tue Aug 02, 2016 10:16 pm

attyLLL


moderator
just keep progressing your case. ask the PAO to have it filed in the prosecutor's office. when you reach the point where a warrant of arrest is issued and his nbi record already has a hit, i'm sure you'll get his attention.


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20 Re: Child Support on Wed Aug 03, 2016 11:02 am

rileytrev


Arresto Menor
ador wrote:
Anak2nd wrote:Hi
Goodday my father is not supporting my younger sister in school for almost 3 years. I would like to force him to give enough food allowance at our house and to support my younger sister in her studies since he has a job a manager perhaps. He only give my mom a 2000 for a week which is not enough. My father and mother is not talking to each other for almost 3 years. I the 2nd child had a history of not being funded since my 3rd year college 2nd semester. Since then i haven't talk to my father due to my hatred to him. He is still living with us. I also want to make him paid my elder sister for supporting my younger sister for almost 3 years. My elder sister has a job but shes not earning enough to provide for my younger sisters need. Please help us. Ive been seeking right person since we dont have enough money to pay an attorney with this matter. Thank you

You and sister are of minor age?
Your mom has the legal right to charge him with economic violence, but you said he sends/gives 2k/week? that's not bad at all. Considering that legally; "financial support is based on the capacity of the provider, and not on the demand of the receiver."


Sir ador, what if both parents has source of income? In my case, Last year my daughter was with me and I provide her needs and I didn't oblige my ex-wife to send me money, instead she gave food and school supplies, that's fine with me.But this year I have a new son with my new girlfriend, he is only 4 months old so I decided to give my daughter to her to shoulder me in my expences. But now she is forcing me to give 1/4 of my salary every cutoff,which I am not sure if I can provide it. Im giving my daughter allowance and food for her school. Can i refuse to sign her self made agreement. because Im scared what if I cant give her the right ammount in next cutoff? what if I have unexpected expences? In the first place it was her fault in our separation because she had an affair with her co-worker. Please help



Last edited by rileytrev on Wed Aug 03, 2016 11:05 am; edited 1 time in total (Reason for editing : additional)

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21 RE:child support on Thu Aug 04, 2016 5:29 am

greenrose


Arresto Menor
attyLLL wrote:just keep progressing your case. ask the PAO to have it filed in the prosecutor's office. when you reach the point where a warrant of arrest is issued and his nbi record already has a hit, i'm sure you'll get his attention.


"can I use his text messages /even his profane messages in court as a proof that he really doesn't want to give any support to his son? "

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22 Re: Child Support on Thu Aug 04, 2016 2:17 pm

ador


Prision Mayor
rileytrev,
Well, you can refuse to sign any document if you do not want to. Just be reminded that the rights of both children are equal, and the obligation of the father to provide economically is established regardless of the mother's capacity. Imo, try to settle it by talking amicably and present her with what you can afford, with your own expenses in consideration. I hope for your sake she doesn't find out your gf just gave birth. She can use that as ammunition. Good luck in working out your budget.

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23 Re: Child Support on Fri Aug 05, 2016 11:47 pm

greenrose


Arresto Menor
This morning nagkaharap n kami ng tatay ng son ko s PAO for mediation. At first ayaw niya pumayag sa sinabi ng attorney but when the attorney stated the consequences pumayag din sya. Ok na ung amount kesa naman sa totally wala siya ibigay sa bata. My question here if in case hindi sya tumupad sa agreement namn at magfile ako ng case s PAO against him, pwede din ba siya lumapit s PAO to depend his self? At what if gawing reason nya ay wala sya work di ba need nya na ng mga proof na ipresent sa court? thank you for all your responses it help a lot para ma I push ko to at para magbigay lesson na din on his part.

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24 Re: Child Support on Tue Oct 25, 2016 4:55 pm

queenlee


Arresto Menor
Good Day to ALL,

I just want to know if what im gonna do. We are 3 years and 6 months with my partner and we had already a child 3months old.
1. I took care my baby since birth 'til 78days (cesarean section) maternity leave. So, im back to work after 78 days and i left my baby to my partner. he always texting me that he want to give my baby to my parents becoz he cannot work the house hold choirs. Now, he said its my custody 0-7 years and he want to emphasized that i will care our baby. i have my work? he has no work thats why i want him to took good care. my question is it really necessary that im the one to take care even i have work in the city? im always going home by weekend in our province where my child is in their. Is he, dont have any responsibility with the child?

2. Starting i gave birth (JULY) with our child in hospital my partner got anger every time i wake him up during midnyt, he got angry and he will shout the baby (stop crying with a very loud voice). Every time he do shouting to the child i only cried. The bill of the hospital came and we excess total of almost 62k-63k. His family only gave 15th and the rest, me and my family took the risk. In my mind i understand their situation because they dont have yet money. During that moment also he was applying for going to japan he ask for me 25k. Now, October they have already money (1.2M) they they ask me for a christening of our child and we will divide for the expenses? They did not understand me as my situation right now after how much my expenses.

3. His messages full of faulty or evil words which i cry every time i read. Makes me feel emotionaly stress.
Also, the past 1year he abuses me physically. he choke me, he slap me at face, and he make me like a pounching bag. If ever i can still file him a case?

4. What i will do first in order to file a child support?
Hoping you will answer my questions.

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25 Child support on Tue Oct 25, 2016 8:09 pm

sndp


Arresto Menor
I have a friend who isn't legally separated from his wife. But they don't live together anymore. His wifeleft him for another man and she left her kids with him. Now the husband (my friend) found someone else, his ex gf which he met when he and his wife were still together. He didn't know that he fathered a child with his ex. The expenses and support from the wife were smooth sailing at first, this was before she found out that her husband and his ex gf got back together. After she found out about the relationship, that's when things started to go awry. She didn't want to provide child support anymore. She wants the husband to pay for everything, from food to tuition to school supplies and school bus. All she wants to shoulder was the maid. And that is because she need the maid to wash and press her clothes. Which the maid does at the husband's house. The husband agreed. Now, she found out that the maid washes 1 or 2 clothes of the gf which she wears when she stays at the husband's house. She said that she'll pull out the maid and won't shoulder any of the expenses anymore. So the husband said that if that's the case, then she's gonna have to shoulder 1 kids school expenses, and that is from tuition down to school bus. She refused and said that since the children are staying with him, it's his responsibility to pay for everything. Does my friend have a case here? Isn't it the mother's responsibility too to shoulder at least 1 of the kids' expenses? She has a good paying job. She's a project manager at one of the BPO companies in the Philippines. She was even able to buy a car for everyday use, which she applied for after the separation and stated on the application that she was single. Is there a way for my friend to force his wife to provide child support?

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26 Re: Child Support Today at 10:25 pm

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