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Child Support after 6 years of abandonment

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1 Child Support after 6 years of abandonment on Sat Jun 04, 2011 5:43 pm

daniela


Arresto Menor
Hi, I really need advice in this. My son is now 6 years old. I was not married to his father but we were together when I gave birth so my son carries his last name and he signed the affidavit of paternal consent. We separated when the kid was 11 months old and did not support. His reason was that he is still studying. I was 25 years old and he was 21 years old when we had the kid.

Now he just had his job as a seaman a few weeks ago perhaps. I just came to know about it through his relatives. They wanted it to be a secret but there are some who really cannot keep it. He never gave financial support and worst is that he did not take care of the child's allotment before going on board. I talked to his parents asking for the agency so I can take care of it now, they say they do not know it. Kinda sad coz their son lives with them.

I want some advice on the steps to take. I want my son to have his support now that he has a job. What shall I do?

Thank you.

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2 Re: Child Support after 6 years of abandonment on Sun Jun 05, 2011 10:28 am

attyLLL


moderator
first, send a demand letter to his house asking for financial support. afterwhich, you can initiate a criminal case of economic abuse under ra9262.


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daniela


Arresto Menor
Thank you, Atty. However, he is currently on board as a seafarer. Would sending a demand letter to his home be enough or shall I also send one to his work or agency?

Also, is there a percentage or amount that I can demand for? Like 50% of his wage as an example...



Last edited by daniela on Sun Jun 05, 2011 4:29 pm; edited 1 time in total (Reason for editing : Added a question)

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attyLLL


moderator
you should ask for a specific amount based on a computation of the child's needs. yes, you can send it to his residence.


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daniela


Arresto Menor
ok, thank you so much! this is encouraging... been a bit emotional and i have been feeling aggravated and so sorry with how they can do this to my son... thanks again!

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JADE23


Arresto Menor
Good day!
How are you?
I just read the discussion you had with the subject above.
I am an illegitimate child (but with acknowledgement remarks on my NSO birth certificate) and my father went to US on Dec 2004 through Lola's petition.
Around November 2006, he stop supporting us and stopped communicating with us.
His parents used to hang up on us whenever we try to call them.
I went to my half-sister last year and gave me a false hope that they will help us and give us the new contact number of our father.
And just this morning when I rang them, was able to talk to her daughter from real wife, she told me that she does not want to give Papa's number to us and that Lola does not allow/want Papa to communicate with us anymore. I said I'm Papa's child as well but they stood their ground that they don't want to give Papa's number in US.
We don't know Papa's number and address in US.
I have younger siblings age 8, 15, and 22. Me and my sister did not get a 4-yr degree course and my mother does not have a stable job to support us.
I hope you can help us what to do..
Thank you.

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attyLLL


moderator
answered your other post


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8 Update on the Case I Filed on Thu May 17, 2012 12:22 pm

daniela


Arresto Menor
attyLLL wrote:you should ask for a specific amount based on a computation of the child's needs. yes, you can send it to his residence.

Hi Atty! It has been almost a year since my last post here. I just want to tell you that I filed a criminal case against my son's father. 1st hearing finished.

I have another question. If he gets arrested, would he also need to pay monetary damages? How about my son's grandparents, can I file a civil case against them for support? They have not been helping for almost 7 years now.

Thanks again.

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attyLLL


moderator
congratulations, if you have a lawyer, you should discuss this with him.


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10 Update on the child support case on Fri Feb 01, 2013 11:45 pm

daniela


Arresto Menor
attyLLL wrote:congratulations, if you have a lawyer, you should discuss this with him.

Hi Atty, I have just checked with the prosecutor's office and I found out that the resolution is about to be released, just need to be reviewed. I was told that it is in favor of me and my son. A warrant of arrest would be issued against him once the case would reach the court.

However, the father of my child is a seafarer. How would the process be? Can I also file a civil case for child support?

Thank you for being an encouragement to me when I was still thinking about filing a case.

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11 Re: Child Support after 6 years of abandonment on Mon Feb 04, 2013 7:49 pm

Jelo_010281


Arresto Menor
attyLLL wrote:you should ask for a specific amount based on a computation of the child's needs. yes, you can send it to his residence.
Hi atty. yearly po ngtataas ng sahod, pano po yong ganung case.. i have two kids po.. ano po yong basehan kung magkano po yong makukuhang sustento if ever po.. thanks po.. sa needs pa din po ba ng mga bata.. Applicable po ba kong divided to 3persons yong gross salary nya? since 2 po yong kids ko..

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12 Re: Child Support after 6 years of abandonment on Wed Feb 06, 2013 2:34 pm

attyLLL


moderator
daniela, for enforcement of the warrant of arrest, you may have to wait until he is here.

a civil case is also possible, and his employer can be ordered to pay you part of his salary.


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