Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Child Support - with autism

Go down  Message [Page 1 of 1]

1 Child Support - with autism on Mon Mar 26, 2018 3:52 pm

wendy_78


Arresto Menor
ood day! Please dont get me wrong, to start with, I am not a mistress anymore.

I have 2 kids , both recognized by their father who is married.
One is 7, other is 3.

If he is earning more than a 100k, and me earning 50k a month,
Do I still have the rights to have a child support?

How much will it be? he's giving me 10k monthly ---not regularly.. but considering my eldest has autism, he should give me atleast 18k with 50-50 computation based on our children's expenses.

IS there a law if capable ang mother, sa kanya lang ba ang majority of the expenses?


therapy is costly as well as their schooling. Am I still entitled to seek help from PAO? since my salary all goes to the expenses on my kid's autism.

View user profile

2 Re: Child Support - with autism on Thu Mar 29, 2018 8:55 am

attyLLL


moderator
when you say recognized, did they sign the birth certificates?


_________________
[i] Visit our FB Page: FOR MORE LEGAL ADVICE  
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile https://www.facebook.com/BPOEmployeeAdvocate/

3 Re: Child Support - with autism on Mon Apr 02, 2018 9:29 am

wendy_78


Arresto Menor
Yes, their birth certificates are signed by their father

View user profile

4 Re: Child Support - with autism on Mon Apr 02, 2018 10:10 pm

attyLLL


moderator
With that income, you don't qualify for PAO. Try instead with the legal aid of law schools or the local IBP chapter, they might be more liberal.

there's no fixed formula, but to my mind it should be proportionate to your respective incomes and not simply 50-50. Begin with compiling the regular expenses for the last 6 mos to 1 year for the children so there will be basis for your figures.

what a lawyer would normally do first is to send a friendly letter inviting him to a conference to discuss the matter (you can do that yourself). Elevate to a more threatening tone that you may take legal action.

If the bluff is called, I do not believe a criminal case will prosper given that he gives regular support. The proper legal remedy if he refuses to budge would be to file a petition in family court to fix the amount of support


_________________
[i] Visit our FB Page: FOR MORE LEGAL ADVICE  
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile https://www.facebook.com/BPOEmployeeAdvocate/

5 Re: Child Support - with autism on Tue Apr 03, 2018 12:31 am

wendy_78


Arresto Menor
thank you for that! I just recently talked with their father saying that 10k is the max amount that he could give at no definite date.he is aware of our kid’s autism. heis not giving regularly. on the span of 5 years, maybe 5-7 times only.
the reason behind it is, his wife might know it.
if ill file a criminal case, is there a chance that my kids will get what is just for them if the father and his family will migrate to canada soon?

how will i deal with this situation? if ill file

View user profile

6 Re: Child Support - with autism on Tue Apr 03, 2018 6:10 pm

attyLLL


moderator
send him some texts saying that your lawyer is already recommending legal action, and that if he does not enter into a written agreement on support, you will have no choice but to charge him with economi Violence. if no response within a 1-2 weeks they you'll have to really do it


_________________
[i] Visit our FB Page: FOR MORE LEGAL ADVICE  
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile https://www.facebook.com/BPOEmployeeAdvocate/

Sponsored content


Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum