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Illegitimate Daughter Support

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1 Illegitimate Daughter Support on Mon Jun 19, 2017 12:12 pm

BetterCallSaul


Arresto Menor
Hi!
My friend just discovered that her recently deceased husband has an illegitimate child he has been supporting since 2006 (as mandated by law) The mother of the illegitimate child is now asking for the resumption of support for her child. My friend doesn't want to pay for support since her salary is not enough to sustain this child. The family of the departed bio-dad has a grandparent and two siblings still living.

Questions:
1. My friend and her deceased partner have assets. In the event that she is not able to provide support, will the courts get it from there? Condo title (still being paid for), car, joint bank accounts in both their names.

2. The mother of the deceased son has a condo unit named after the son, could the court forcibly get these assets? The woman is a senior citizen with no means of support other than from relatives.

2. Can the siblings of the deceased be compelled to pay for support of their dead brother's illegitimate daughter?

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2 Re: Illegitimate Daughter Support on Mon Jun 19, 2017 3:37 pm

xtianjames


Reclusion Perpetua
1. your friend is not required to support the illegitimate child. however, he has rightful claims to the assets of the diseased father. half of what a legitimate child is entitled.
2. are you referring to the mother of the illegitimate child? if yes, why would the court do that? her assets has nothing to do with the support entitlement of the child/
3. no.

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3 Re: Illegitimate Daughter Support on Mon Jun 19, 2017 3:56 pm

BetterCallSaul


Arresto Menor
To make it clearer:

2) The son who recently passed away (father of the illegitimate child) has a living mother who named a condo unit ownership to her son. This old lady is living in the condo unit under the son's name. My question is, since the name of the property is under the son's name, will the court consider this property also an inheritance that the illegitimate child has a right to? (I hope I was able to state the thought clearly.)

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4 Re: Illegitimate Daughter Support on Mon Jun 19, 2017 4:12 pm

Jadis

avatar
Reclusion Perpetua
BetterCallSaul wrote:To make it clearer:

2) The son who recently passed away (father of the illegitimate child) has a living mother who named a condo unit ownership to her son. This old lady is living in the condo unit under the son's name. My question is, since the name of the property is under the son's name, will the court consider this property also an inheritance that the illegitimate child has a right to? (I hope I was able to state the thought clearly.)

The mother of the deceased also has a right to inherit ab intestato with the illegitimate child. If the property was really owned by the deceased (i.e. there is no trust relationship that he holds the property in his name on behalf of others), illegitimate children cannot exclude legitimate ascendants.

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