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

need help..

Go to page : Previous  1, 2, 3, 4, 5, 6, 7  Next

View previous topic View next topic Go down  Message [Page 6 of 7]

126 Re: need help.. on Thu Oct 20, 2011 8:53 pm

attyLLL


moderator
mediation hand settlement is not supposed to be allowed in vawc cases. but recently i helped in arranging a settlement; what we did to ensure support was for the father to issue 10 years worth of checks plus a written agreement


_________________
[i] Visit our FB Page: BPO Employee 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

127 Re: need help.. on Fri Oct 21, 2011 6:43 am

dream123


Reclusion Temporal
so what do you suggest atty, what if he doesn't want to issue checks? and checks are not an assurance bec he may not fund it anymore.

if i agreed with the mediation, the case will be cancelled? and what if i still want the case to continue?

i am really confused right now. pls help.

thank you in advance.

View user profile

128 Re: need help.. on Sat Oct 22, 2011 12:58 am

attyLLL


moderator
so he did not give any support? you can agree to mediation, but they might ask you to issue an affidavit of desistance, and you can't revive the case.


_________________
[i] Visit our FB Page: BPO Employee 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

129 Re: need help.. on Mon Oct 24, 2011 8:06 am

dream123


Reclusion Temporal
he is giving 3k a month only. we haven't proceeded to mediation yet, if we will, i will be asking to increase his monthly support but i don't think he will agree.

what if i will not sign an affidavit of desistance?

View user profile

130 Re: need help.. on Wed Oct 26, 2011 11:00 pm

attyLLL


moderator
make sure you can justify the increase you are asking for. if you don't sign a desistance then the case will continue.


_________________
[i] Visit our FB Page: BPO Employee 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

131 Re: need help.. on Thu Oct 27, 2011 8:17 am

dream123


Reclusion Temporal
based on your experience, how long will this case going to be? we already have 2 hearings and the 3rd will be on Nov.

thanks.

View user profile

132 Re: need help.. on Fri Oct 28, 2011 10:58 pm

attyLLL


moderator
if it's done in a year, that will be quick.


_________________
[i] Visit our FB Page: BPO Employee 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

133 Re: need help.. on Mon Oct 31, 2011 4:47 pm

dream123


Reclusion Temporal
do you think i should get a private lawyer now so that the case will be faster? but i'm afraid it will offend the fiscal handling my case and they might think i have enough money to obtain a lawyer.

thanks.

View user profile

134 Re: need help.. on Mon Oct 31, 2011 5:45 pm

attyLLL


moderator
even if you get a private lawyer, there is no guarantee it will go faster. but a decent lawyer will be more vigilant against delays and give your case more time.

a private prosecutor is under the direct supervision of the public prosecutor. she'll be happy to let go of your case.


_________________
[i] Visit our FB Page: BPO Employee 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

135 Re: need help.. on Thu Nov 24, 2011 10:55 am

dream123


Reclusion Temporal
hi atty,

our next hearing will be this coming Monday and he has not talked to me yet for mediation which he asked during our last hearing. why do you think so? bec i think they only said it as a delaying tactic...

if they asked for it again, what should i do? should i tell the judge that i do not want a mediation? bec i am getting tired of coming back over and over in the court when still nothing happens.

thank you.

View user profile

136 Re: need help.. on Fri Nov 25, 2011 10:55 pm

attyLLL


moderator
tell him to just make an offer. mediation is not supposed to be allowed in vawc, but it is the best way to reach a settlement.


_________________
[i] Visit our FB Page: BPO Employee 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

137 Re: need help.. on Sun Nov 27, 2011 7:58 pm

dream123


Reclusion Temporal
we had a hearing and the court ordered them to respond to the support pendente lite within 10 days.

the judge also asked us about the witnesses and fiscal told me that i will be on witness stand next hearing. what does it mean atty?

thanks.

View user profile

138 Re: need help.. on Wed Nov 30, 2011 5:15 pm

attyLLL


moderator
well, at lest now the support pendente lite is on motion. grabe, it took so long.

it means you are the only witness so be prepared with all the documents and your story. normally i would be rehearsing a witness, but the prosecutor will be winging it with the questions based on experience.


_________________
[i] Visit our FB Page: BPO Employee 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

139 Re: need help.. on Thu Dec 01, 2011 7:48 am

dream123


Reclusion Temporal
yes, it really tok so long and the next hearing will be on Feb pa! the fiscal told me to meet her 2 hours before the hearing, maybe she would rehearse me... should i print all the emails as evidence? will the trial be on the same place? i'm really embarrassed to be in front of that court room. is there any other room instead??

what do you think of my chances atty?

how long will it be atty??

thanks....

View user profile

140 Re: need help.. on Sat Dec 03, 2011 9:14 am

attyLLL


moderator
bring all related documents

it will be at the court room. if you can't bring yourself to do it, then the case will be dismissed.

there is no chance unless you take one. good luck.


_________________
[i] Visit our FB Page: BPO Employee 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

141 Re: need help.. on Mon Dec 26, 2011 9:13 am

dream123


Reclusion Temporal
merry Christmas Atty!

i filed application for support pendente lite, howver they did not replied yet and the judge asked them to respnd within 10 days. until now i haven't received any reply from them, should i asked the court if i received them already? is it possible that they did not respond?

i have a feeling that the judge will take my side since my lawyer is the fiscal, what do you think atty??

how many hearings will it take pa po ba??


thanks atty.

View user profile

142 Re: need help.. on Wed Dec 28, 2011 10:32 pm

attyLLL


moderator
they will not provide you a copy directly. it will be given to the prosecutor because she is your counsel. check the court records.

as to how many hearings, i don't think you've even presented your first witness.


_________________
[i] Visit our FB Page: BPO Employee 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

143 Re: need help.. on Sat Jan 07, 2012 9:54 am

dream123


Reclusion Temporal
should i still reply to his reply on the support pendente lite i filed?

thanks.

View user profile

144 Re: need help.. on Thu Jan 12, 2012 5:46 pm

attyLLL


moderator
that's up to you. if you are only going to be repetitive, it may not be worth it. or if there is something new there that has to be addressed, then you should.


_________________
[i] Visit our FB Page: BPO Employee 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

145 Re: need help.. on Wed Jan 18, 2012 2:57 pm

dream123


Reclusion Temporal
i do not have a witness atty.

based from your experience, how long will this case gonna take?

im really worried bec. im running out of funds to support my child alone.

do you also think that the court will grant my support pendente lite?

thanks.

View user profile

146 Re: need help.. on Thu Jan 19, 2012 7:54 pm

attyLLL


moderator
i think the court will grant it, but I am only guessing. as for length, you are the only witness required, unless he presents the defense that the child is not his, in which case, a dna exam may be called for.


_________________
[i] Visit our FB Page: BPO Employee 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

147 Re: need help.. on Fri Jan 20, 2012 8:13 am

dream123


Reclusion Temporal
good thing he already admitted in front of the court that he is the father on our first hearing.

i checked with COC and he has not yet replied to my motion for support pendente lite... is it acceptable atty?

thanks much.

View user profile

148 Re: need help.. on Sun Jan 22, 2012 4:28 pm

attyLLL


moderator
depends on the judge. if it has been more than 2 weeks since the hearing, ask the prosec to file a motion to resolve.


_________________
[i] Visit our FB Page: BPO Employee 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

149 Re: need help.. on Mon Jan 23, 2012 8:48 am

dream123


Reclusion Temporal
hi atty,

it's actually more than 2 months already from our last hearing.. by the way, regarding the motion to resolve, is it for the support pendente lite or for the whole case already??

can i also ask the court to oblige him to pay the my hospital bills when i gave birth and all the previous months that he failed to give financial support and damages? so that i may be able to settle my payables incurred...

thanks.



Last edited by dream123 on Fri Jan 27, 2012 8:02 am; edited 1 time in total

View user profile

150 Re: need help.. on Fri Jan 27, 2012 4:14 am

ex_gf


Arresto Menor
attyLLL wrote:yes, you can file the motion. the court can order his employer to make an automatic deduction.

Hi Atty. am learning a lot from this forum and I really admire you for answering all the queries here. I just have a question po regarding the above quote. Pano po kung yung guy is working abroad? Pano po nirerequire ng court ang support sa bata and the amount po, should that come from the court or the wife? Thanks!

View user profile

151 Re: need help.. Today at 12:10 am

Sponsored content


View previous topic View next topic Back to top  Message [Page 6 of 7]

Go to page : Previous  1, 2, 3, 4, 5, 6, 7  Next

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