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legal advice about child support

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1 legal advice about child support on Wed Jun 01, 2011 12:40 am

bubbly08


Arresto Menor
Hello. I hope someone can help me regarding our family problem. My brother dated someone before eventhough he has GF but his GF is in the states. Then something happened between them sometime on october 2010 and the girl got pregnant. When his GF came back to the Philippines last november, they got married in civil.After the marriage that's the only time that we knew about the other girl and the pregnancy.She's pointing out my brother as the father of her child. Of course on our side we don't really know if my brother is the father.

It was just recently that the parents of the girl knew about what happened. So my parents and her parents talked.Since my brother is already married they cannot ask him to get married with their daughter. Now this is our problem. The other girl's side is demanding us to pay them 250thousand for support.They said that after that they will not ask for any support from us. Or else they will sue my brother for different charges and we dont knw what can they charge to him.

So can anyone help me about this.what can they file against my brother and is it right that they are demanding 250thousand pesos, and they said that it should be given before the girl gives birth on july 1. or else they will file a case against my brother.

On our side its hard to give that big amount of money because we are not sure if the child is really his'.

Any legal advice will help.Thank you!

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2 Re: legal advice about child support on Wed Jun 01, 2011 6:11 pm

rollie002


Arresto Mayor
did your brother acknowledge the child as his? support cannot be compromised. Even if you give the amount asked by the girl, sooner or later, she can demand again for support of the child and your brother could do nothing about it. My advice,(although it is best if you seek the services of a lawyer) is that determine if your brother acknowledged the child.if no, they will prove that the child is your brother's. If yes, you can settle with the mother the amount of support for the child. Only the illegitimate child is entitled for support not the mother. if you cannot settle the amount of support, they will ask the court to determine the amount of support. The amount of support is determined by the amount of the needs of the child AND the capacity of the father to give support.
i hope it somehow gave you enlightenment.

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3 Re: legal advice about child support on Wed Jun 01, 2011 11:21 pm

attyLLL


moderator
acknowledgment is done through the signing of an affidavit or the birth certificate. your brother does not have to do so.

if they do file a case against him, he can use this absence of filiation as his initial defense.

an agreement that waives future support is void. the child will not be barred from asking for support in the future.


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4 Re: legal advice about child support on Thu Jun 02, 2011 1:13 am

bubbly08


Arresto Menor
thank you for your response.

right now he's not sure if the child is his'.he doesn't ackowledge the child yet. and for me i think it is best to have DNA as the best proof.

as far as we know, the girl was 18 yrs. old when that thing happened. she's not a minor anymore right? so if ever, what charge can they file against my brother. and attorney i wanna clarify what is filiation? can they force us to give money even if we are not yet sure if the child is our blood? cos they are saying that they will sue my brother if we will not give anything.

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5 Re: legal advice about child support on Thu Jun 02, 2011 2:57 am

rollie002


Arresto Mayor
it is the condition or fact of being the child of a certain parent. The girl needs to prove filiation between the guy and the child. But if the guy is sure that the child is his, pls. acknowledge it. The guy only needs to support his child and nothing else. My law professor once said that maternity is a matter of filiation, paternity is a matter of faith. They can file a case to acknowledge the child and once proved, he has to support the child. If the guy will not give support, she can file a case for economic abuse, as well as petition for support. If the guy will give support, he can settle the amount of support o the child and if no settlement made, the court may decide. As to the question if they can force, they cannot force a person to give support if filiation is not proved.

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6 Re: legal advice about child support on Thu Jun 02, 2011 7:11 am

bubbly08


Arresto Menor
thank you for your immediate response. this will guide us through out the process. more power to you.

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7 Re: legal advice about child support on Sun Jun 05, 2011 7:11 am

bubbly08


Arresto Menor
atty. minor is until what age?

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8 Re: legal advice about child support on Sun Jun 05, 2011 10:33 am

attyLLL


moderator
below 18 is a minor


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9 child support on Sat Feb 18, 2012 3:35 am

dadiaroz


Arresto Menor
hi attorney.......i have a problem right now about the support of my son's father.hes father is a US citizen but a Filipino...before he gave a full child support for my son but this past few months he already cut it...he told me that he will stop sending a child support...can i file a case about it against him?

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10 Re: legal advice about child support on Sun Feb 19, 2012 10:42 am

attyLLL


moderator
if he is here, you can initiate a case here. if not, i recommend you look for an ngo where he lives that can give you legal help.


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11 Re: legal advice about child support on Thu Feb 23, 2012 4:40 am

dadiaroz


Arresto Menor
how can i find ngo from his place? is there anybody u know that can help me attorney?

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12 Re: legal advice about child support on Fri Feb 24, 2012 12:34 am

attyLLL


moderator
the internet will be your best bet. good luck.


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