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CHILD SUPPORT FATHER AUTO DEDUCT TO HIS INDEBTEDNESS TO PARENTS

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MMM222777


Arresto Menor
Grandparents gave their grandchildren as a gift downpayment for a house and lot with a clause that the Father of the children will pay the grandparents half. The agreement was signed in a handwritten paper. When the downpayment was paid , the realty informed the children and thier mother that the bank loan was disapproved due to the father's wanton behavior as a General Manager with 5 cancelled credit cards, foreclosed house, unpaid mortgages, foreclosed prioperties, court cases, etc.. The grandparents are running after the father(which is their eldest son), and the father now do not give the children's support to pay for the grandparents(Father's parents).

The support was granted by the court via paren't Declaration of Nullity of Marriage.
The children and their mother(me) now contested that the donation of money by the grandparents by way of gift to their grandchildren should not be deducted to the children's support, as there's no agreement on the part of the mother and children and grandparents and father to deduct the gift when the bank loan is disapproved. And the father's contention that he is paying for his newfound family expenses, domestic wife who is also married, is not admissible to the mother and children as well.



Last edited by MMM222777 on Tue May 17, 2011 6:33 pm; edited 1 time in total (Reason for editing : to specify details)

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attyLLL


moderator
what is the question? and don't the parties have their respective lawyers?


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MMM222777


Arresto Menor
Cna the grandpa just convert the cash gift to debt?
Is the father of the children have the right to automatically cease child support to auto deduct what he owed to his father who suddenly converted the cash gift to debt?

The cessation of the Child support started and would end in a year's time.

It came as a surprise, as we signed a piece of paper indicating the money is a gift to the kids, since the father had their house foreclosed and were suddenly thrown out homeless by the foreclosing bank.

I believe that the child support should not pay for the father's indebtedness to the grandpa.Am I correct? The mother, an average working woman granted the custody of the 3 kids has been through emotional, and economical abuse to date by the very powerful and very affluent ex-husband and ex-in-laws.

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MMM222777


Arresto Menor
Yes. The parties had their respective lawyers during the Nullity. After the declaration of Nullity of Marriage, a court order was likewise released to pay for the Child Support as the custody of the 3 kids were granted to the mother.
The father gives monthly support and opt to cease giving child support to pay for the cash gift that was converted to debt by his own father(grandpa of the kids). There was a written agreement between the father and the grandpa, BUT, there was a piece of paper signed by the kids and mother to indicate that the money (in form of check payable to a real estate company partial- 1/4 only - DOWNpayment given) as gift to the kids.No agreement(verbal or written), whatsoever, to convert the gift to debt if the bank declines to grant bank loan for the property purchased for the kids and to automaticall deduct and cease giving of child support to pay of the gift/debt.



Last edited by MMM222777 on Wed May 18, 2011 3:27 pm; edited 1 time in total (Reason for editing : to be more specific)

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attyLLL


moderator
if there is a provision for support in the decision, then the remedy is to file a manifestation that it is being violated and request the court to execute the decision. basically, just say, there's no money. let them answer with this convoluted donation of cash story. the father still has to provide support.


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MMM222777


Arresto Menor
Does our case for on R.A.9262 or Violence Against Women and Children as well?

Thanks Attylllaw :-)

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attyLLL


moderator
yes, it is possible, but rather than filing a separate case, I would still recommend filing a motion for execution with the court which issued the annulment.

was the annulment a package deal where you or he didn't have to appear in court?


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MMM222777


Arresto Menor
I went through the excruciating annulment process and not the non-appearance process. I appeared in the court several times. My kids too was requested by their father to appear in the trial to choose their custodial parent. The annullment was an offshoot of the Frustrated Parricide case turned physical injuries after being mauled and left almost dead by Ex.

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