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child support

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1 child support on Sat Jun 18, 2011 1:41 am

kjzia


Arresto Menor
Magandang araw po.gusto ko po lang maliwanagan kung tama po ba ang gagawin namin na agreement sa aming mag asawa regarding sa child support..meron po kasing nakapag advice na lawyer sa ex husband ko ng ganito..para daw po hindi na magbayad ng atty magpanotary na lang daw po kami ng agreement na ang mister ko ay magbibigay ng supprot sa anak ko at ako ay lalayo sa kanya at hahayaan ko na sya at ang kanyang buhay at wala nang pakialaman sa isat isa..tama po ba yon?may legal basis po ba ang ganung agreement?pag napirmahan ko po ba yon wala na po ba akong karapatan na mag kaso sa kanya against sa kanila ng kabit nya?humihingi po ako ng 5000 na suporta sa kanya para sa anak ko.ginawa ko na po ang gusto nya na lumayo.ginawa ko na lang po yon para matahimik na din ang buhay ko pero nung nakaalis na kami ng anak ko sa bahay nila sa cavite ngayon di n sya pumapayag na 5k ang ibibigay nya dahil 4000 lang daw ang kaya nya.meron na po syang anak sa kabit nya pero hindi po nya na acknowledge sa birth cert ang bata.5 yrs old na po ang anak ko,5 years na din kaming hiwalay pero nagkikita pa din kami at nakaksama pa namin sya.matapang po ang kabit nya dahil ako daw ang kabit at sya ang inaaring asawa ng asawa ko ayaw din kasing lumayo sa kanya ang kabit nya.nakasuhan ko po sila dati ng concubinage pero dahil mahirap patunayan ang kaso at malaking abala sa part ko nag pirma po ako ng disestance letter.pwede po ba ako ulet magkaso ng parehong case sa kanila kung nagsasama sila ulet ngayon?
sana po maliwanagan nyo po ako sa bagay na to.salamat po.

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2 Re: child support on Sun Jun 19, 2011 9:58 pm

attyLLL


moderator
that agreement is valid as to the amount you will agree to for support, but has no other legal effect. it can be used as his defense that you consented to his concubinage.


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3 Re: child support on Mon Jun 20, 2011 12:24 am

sweet ems


Arresto Menor
Im Em, from Olongapo City. I got had a child to married man and the kid is 3 yrs old now and started schooling in preschool. The problem is I ask for additional allowance to his father and he said he cant make it to give that much. he was a govt bank employee and earned 15000-20000 a month. He has 2 kids in his real wife and both studying in private school but my child is only in public school. Before he was only give 700 a week for my child and now im asking for additional 500.00 to make it 1,200.00 for my child schooling. I want to ask Atty. if i can get fair treatment or force him to give 1200 to my baby? I was threatened him to tell everything to his wife if we wont give fair treatment to my child, but he said once his wife knew about me and my child, he will ask his wife to file a concubinage case against me and he will get the custody of my child once i convicted. Does he can use that ground to get my child? Did i will be convicted for concubinage? and lastly, what case can i file also to the father? thank you so much Atty. I will look forward for your reply..

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4 Re: child support on Mon Jun 20, 2011 10:25 pm

attyLLL


moderator
the wife can't file concubinage without including him in the charge. he has no parental authority to get custody of the child.

i do not recommend that you use threats of telling his wife. make an honest computation of your child's needs and deduct what you are able to contribute and ask him to complete the rest.


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5 Re: child support on Tue Jun 21, 2011 12:23 am

sweet ems


Arresto Menor
thank you Atty. but i have additional question because i already made some wrong steps of telling his wife that he has an affair with other girl when i pretend as concern citizen with his wife by text using other cellphone number. The father asked me if im the one making that text messages and i denied that so his wife has not have proof yet of the affair. The wife still asking me a lot of question and i answered them with honesty without her knowing that im the paramour of his husband.
1. What if she found out the truth, since u said that the wife cant sue me for concubinage without having charge also to her husband, Is she can file psychological violence in me?
2. What about civil case for damaging their marriage?
3. If ever psychological violence can also file in me, does can put me in jail and does it have probation?
4. And lastly, what case i can sue for the father if he force to get my child on my mother if ever im in jail?

Thank you so much Atty

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6 Re: child support on Wed Jun 22, 2011 11:52 am

fel


Arresto Menor
gud morning attorney ask ko lng po kung magkanu po ba ang sapat na suporta pra sa anak? ang kanya ama po ay isang ofw ang binibiagay nya lng po allowance lng po pero hindi sapat? kailangan po 75% ng sahod po ba nya ay pra sa amin?

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7 Re: child support on Wed Jun 22, 2011 1:43 pm

attyLLL


moderator
sweet, the wife can claim monetary damages against you for interference in their family affairs. i do not foresee any criminal charges prospering against you.

fel, you have to make an honest computation of your needs and balance that against the capability of the father. you can look at the australian formula. samples on the net.


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8 child support on Wed Jun 22, 2011 2:07 pm

chastityFey


Arresto Menor
good day. magtatanong lang po ako kung pano kami makakahingi ng child support para sa pamangkin ko mula sa daddy nya? kasal po sila ng kapatid ko, pero naghiwalay din po sila agad but not legally separated, may anak na po sya sa iba at di sya nagbibigay ng child support sa pamangkin ko. pag humihingi po kami ng financial support para sa bata sinasabi nya na di nya kayang ibigay. pero may ilang pagkakataon na binigyan nya ng 1000 pesos yung bata at ilang pirasong damit bilang pasalubong nya. sa pagkakaalam po namin sa saudi sya nagttrabaho bilang mekaniko ng toyota lexus. baby pa lang po yung pamangkin ko nung maghiwalay sila. nung una nagbibigay sya ng gatas at diaper pero tumigil din pagkatapos ng ilang buwan.

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9 Re: child support on Wed Jun 22, 2011 2:22 pm

sweet ems


Arresto Menor
Thank you so much Atty for your answer, i can breath normal now for knowing that i cant be in jail for just loving the unright man and having child in me. i am confidently assure now that i have knowledge for whatever case he will sue in me just to get my daughter's custody. i am ready for any civil case they will sue, my concern is to just asking support for my daughter. Atty, if ever the wife sue my civil case, what is the estimate amount she can ask in me and if ever i cant pay what will happen, does can imprison me? is there other case she can file in me? God bless Atty.

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10 Re: child support on Wed Jun 22, 2011 7:24 pm

raider


Arresto Menor
Gud pm..If I will have the cutody order of my child and my ex wife doesnt want to give the child.. Pag nsa kin n po ung custody order n kung ndi po ako nabgay ng sustento pwde p b nya q habulin sa POEA to file RA 9262 against me.Becoz Im planning to take these to the court before ako sumampa uli ng barko. Para po maiwasan ung problema while onboard.

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11 Re: child support on Thu Jun 23, 2011 9:06 pm

attyLLL


moderator
chastity, you can write to our embassy abroad or complaint to the OWWA. they may contact him.

sweet, sky's the limit on what she can ask. no guarantee she'll get it.

raider, what custody order?


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12 Re: child support on Sun Jun 26, 2011 2:43 pm

sweet ems


Arresto Menor
Atty, what if the wife yes, she sue me and her husband for concubinage but before the decision in court granted, she moved the case in her husband and not in mine, does she can still continue my concubinage case or it consider that she moves her case on me also? thanks Atty.

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13 Re: child support on Mon Jun 27, 2011 11:42 pm

attyLLL


moderator
move? you mean desist? it has to be against you both.


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14 Re: child support on Fri Jul 15, 2011 9:02 pm

sweet ems


Arresto Menor
good day atty. its still related to my first post. ang problem po kasi ngayon ang ung wife n ng father ng anak ko ang may hawak ng atm ng guy, then ang gusto nya nalang na isupport sa anak ko ng tatay nya ay 500/week, which it lessen instead of giving additional. take it or leave po ang warning ng wife sa akin. sabi nya rin po na kahit malaki ang sinusweldo ng asawa nya, eh mas malaki ang pangangailangan ng ng mga legal n anak nya kaya pagtiisan nalang daw po ang 500. atty, kulang na kulang po iyon sa pangangailangan ng anak ko lalo na nagaaral na sya. kinausap ko naman po ang tatay, wala na daw po syang magagawa pa dun, tanggapin ko nalang. may nakausap din daw po sya n Atty at ang sabi ay kahit ilan lang daw ang ibigay nya sa illegitimate child nya dahil daw po hindi naman daw po ako legal na asawa. Atty, ask ko lang po, tama po ba yun na kahit ilan nalang ang ibigay na support sa anak dahil illegitimate? Wala na po ba akong mailalaban pa? ganung sinabihan na ako ng wife n magkita nalang daw kami sa korte kung hindi ako papayag sa support na gusto nya. kakasuhan nya nalang daw ako ng panggugulo sa kanila. i need your advice Atty. Thanks po.

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15 Re: child support on Sat Jul 16, 2011 12:46 am

attyLLL


moderator
did the father sign the child's birth certificate?


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16 Re: child support on Sat Jul 16, 2011 3:50 am

khittie


Arresto Menor
attyLLL wrote:did the father sign the child's birth certificate?

in relation to this. what if the father signed in my kid's birth cert? is she considered illegitimate??? or should my kid get equally of what his other daugther from legal wife is getting?

and one more thing, the wife told me na the father of my kid cant put my kid as his hmo dependent kse daw po ang considered dependent lang daw is the legal child? tama po ba yun?

thanks much..

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17 Re: child support on Sat Jul 16, 2011 1:03 pm

sweet ems


Arresto Menor
yes, Atty, nakapangalan po sa kanya ang anak ko at nagsign sya sa BC voluntarily. ang kwento nya po kasi sa asawa nya ay tinakot ko lang sya na magiiskandalo ako once na di sya pumayag na ipangalan sa kanya ang anak nya. binaligtad nya po ako, dahil sa lahat na tutol ng pamilya ko na wag ipangalan sa kanya ay ginawa ko pa rin, as respect to him as the father at gustong gusto nya rin naman n dalhin ng anak nya ang pangalan nya.

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18 Re: child support on Sat Jul 16, 2011 1:06 pm

sweet ems


Arresto Menor
yes, Atty, nakapangalan po sa kanya ang anak ko at nagsign sya sa BC voluntarily. ang kwento nya po kasi sa asawa nya ay tinakot ko lang sya na magiiskandalo ako once na di sya pumayag na ipangalan sa kanya ang anak nya. binaligtad nya po ako, dahil sa lahat na tutol ng pamilya ko na wag ipangalan sa kanya ay ginawa ko pa rin, as respect to him as the father at gustong gusto nya rin naman n dalhin ng anak nya ang pangalan nya.

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19 Re: child support on Mon Jul 18, 2011 2:38 pm

attyLLL


moderator
if the father signed the birth certificate then the filiation is established. you are within your rights to ask for support for the child.


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20 Re: child support on Fri Jan 20, 2012 7:58 pm

nato


Arresto Menor
my problem is just like sweet and yon lang ako ang legal wife my husband sign the birth certificate ang acknowlege the child yon lang pag may hiningi siya sa husband ko ...may threat pa siya na gugluhin ang mga anak ko at pupunta sa bahay namin once na hindi masunod ang hinihingi niya documents or something na gusto niya eh nag mamadali siya kahit may sakit ang asawa ko.ano pwede kon i file na cas sa kanila...at ano ang pwede i file na case sweet if the father sign in sa birthcertificate .....if nag file ba ako ng case sa knya it will affect the application nila for immigrant application

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21 Re: child support on Sun Jan 22, 2012 1:25 am

letlet


Arresto Menor
good pm atty, im 9 mos pregnant now and the the father of my baby lately don't give support to my pregnancy needs, he is currently at UAE, i went home in the Philippines to deliver the baby... i don't have plans of using his name but can i still demand for financial support esp for the hospital bills for the delivery? thank you!

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22 Re: child support on Sun Jan 22, 2012 4:55 pm

attyLLL


moderator
nato, are you still with your husband?

letlet, you can demand, but he is not legally obligated to do so unless he acknowledges that the is the father.


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23 Re: child support Today at 6:16 am

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