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RIGHT AMOUNT FOR CHILD SUPPORT

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1 RIGHT AMOUNT FOR CHILD SUPPORT on Sat Jan 20, 2018 11:20 pm

acmgr


Arresto Menor
Hi everyone,



I recently got separated from my ex and unfortunately we have a child. Now, isang bwan pa lang po ng nakalipas ng naghiwalay kame at nkareceive po ako ng letter galing sa RTC at nagulat po ako sa mga nakalagay. Iniwanan ko daw po ang anak ko at hindi ako nagbigay ng sustento. Nakakapagtaka at ginamit ang satilang "repeatedly abused the child economically" ang nilagay, paano po naging repeatedly yan?

I know na ginigipit po ako pero may mga tanong po sana ako na gustong malinaw:

1.) nagbasa naman na po ako ng ra 9262 and nakalagay po sa family code, both parents are bounded to support the child, hinihingan nya po kasi ako ng 18,500 pesos net per month para sa monthly na gastos ng anak ko. Ngayon po, ang sahod ko po ay hindi naman ganon kalakihan at may mga personal po ako na gastos, paano po ba ako mag rerequest na babaan ang hinihingi niyang pera.

2.)alam ko po gastso at needs ng anak ko, baby pa po less than 2 years old. Baka po wala pa nga sa 10k, hindi naman po siya entiteld sa support dahil di naman po kami kasal diba?

3.) May kotse po ako na nakapangalan sakin at loan dn naman sa bangko. NGayon ang claim po niya ay may share daw po siya dito, hindi naman po ito part ng 9262 pero bakit po pinipilit niya, lahat po ng papeles ng kotse sakin, even po ang bangko sakin yan ipinangalan.

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2 Re: RIGHT AMOUNT FOR CHILD SUPPORT on Sat Jan 20, 2018 11:43 pm

attyLLL


moderator
if you lived in together, all properties during that time might be considered jointly owned.

to protect yourself, make sure you are giving a substantial amount regularly. be sure to retain proof that you sent this support. this is your defense if she files a case against you.

if the parents can't agree on the amount of support, the legal remedy is for them to file a complaint in court to fix the amount


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3 Re: RIGHT AMOUNT FOR CHILD SUPPORT on Sun Jan 21, 2018 12:00 am

acmgr


Arresto Menor
attyLLL wrote:if you lived in together, all properties during that time might be considered jointly owned.

to protect yourself, make sure you are giving a substantial amount regularly. be sure to retain proof that you sent this support. this is your defense if she files a case against you.

if the parents can't agree on the amount of support, the legal remedy is for them to file a complaint in court to fix the amount

Hi Atty, yes she already did, we had our first meeting 2 weeks ago and currently waiting for the second on Feb 1st week.

Yes po we lived in together sa bahay ng mother ko pero maari ko po ba na ikeep ang kotse dahil ako naman po talaga ang nagbabayad neto??

Yes po nagtaka lang po ak osa amount na nilagay niya dahil parang gusto po ata niya sagutin ko pati po expenses ng pamilya niya.

Since may demanda na po, paano po kung talagang hindi ko kayanin ang amount na hinihingi niya? hinihingan po ako ng fiscal ng payslip and kaya ko naman po ibigay yun plus ITR po to support my claims. Court na po ba mag cocompute nito?

Di po ba base ito sa needs ng bata, financial capacity at higit po sa lahat kung ano man ang buwanan na kailangan ng bata ay obligado kami pareho??

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4 Re: RIGHT AMOUNT FOR CHILD SUPPORT on Sun Jan 21, 2018 12:00 am

acmgr


Arresto Menor
attyLLL wrote:if you lived in together, all properties during that time might be considered jointly owned.

to protect yourself, make sure you are giving a substantial amount regularly. be sure to retain proof that you sent this support. this is your defense if she files a case against you.

if the parents can't agree on the amount of support, the legal remedy is for them to file a complaint in court to fix the amount

Plus another question po, ngayon po kasi nirerequestan ako ng counter affidavit ng fiscal, may mga nakausap po ako na ppwede po ako ang gumawa ng affidavit kung wala po akong attorney, paano po kaya ito?

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5 Re: RIGHT AMOUNT FOR CHILD SUPPORT on Sun Jan 21, 2018 11:49 am

attyLLL


moderator
again, your defense is proof that you have been sending regular financial support even if it is not in the amount she is demanding. if you have not been giving support then the case of RA 9262 against you might prosper. Many prosecutors and courts are willing to allow the parties to enter into a compromise agreement; that may be your way out of this


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6 Re: RIGHT AMOUNT FOR CHILD SUPPORT on Mon Jan 22, 2018 2:27 pm

acmgr


Arresto Menor
attyLLL wrote:again, your defense is proof that you have been sending regular financial support even if it is not in the amount she is demanding. if you have not been giving support then the case of RA 9262 against you might prosper. Many prosecutors and courts are willing to allow the parties to enter into a compromise agreement; that may be your way out of this

Yes sir i have a receipt po. Thing is there are some terms used in the complaint affidavit such as "repetitively abused the child, economically". eh wala pa po kame 2 months hiwalay. MAli ko lang po tinapon ko ung resibo nung una kong bigay. Pero ung pinaka recent po eh meron ako copy.

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7 Re: RIGHT AMOUNT FOR CHILD SUPPORT on Tue Jan 23, 2018 8:43 am

attyLLL


moderator
i recommend you seek the assistance of counsel to help prepare your counter affidavit


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