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Financial support for the child

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1 Financial support for the child on Thu Jun 23, 2011 5:26 am

lucyf27


Arresto Menor
Good day to you all legal advisers,
I am legally married to my "ex-husband" unfortunately, just like the others, it didn't work out. We have been separated since November 2008. We have a child whose turning 8 this July. Previous financial support was not religiously given so i sought assistance from the CHR to summon him otherwise I can already file criminal case accordingly. Now my question is, how much can I demand from him? I am thinking of asking him 50% of his GROSS salary and 50% also for the other benefits. Is it "just" to ask that proportion from his earning? Please do give me advice on this. Thank you so much.

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2 Re: Financial support for the child on Thu Jun 23, 2011 6:30 am

jadramos


Arresto Menor
I do have the same situation. My ex-husband and I are still married. He decided to make a separation. But as far as I know, he's not capable to pay for an annulment. And I don't have any plans to pursue what he wanted to happen. I don't want to sign if he files for that. Can I refuse to sign the annulment?

I just gave birth to our son last February of this year. And a month after I give birth, my husband suddenly stop communicating with me. But we had a chance to talk. He said that what he wanted to happen is just to make an arrangement for our child. Ever since we got married from October 2008, my husband never supported me financially. I decided to give birth here in the United States so that he could not have any problems with regards of my expenses in giving birth. Our child is an American Citizen now. What I wanted to know is that, how am I going to file for a child support for my child? And where can I file it there in the Philippines? I am deciding to go Philippines (maybe) next month with my son. I want to file for a child support. Is there any way I can brought the jurisdiction of the child support here in the United States when my child and I decided to go back here if ever? And do I have to make my child to have a dual citizenship so he can claim a child support to his father?

And by the way, is there any grounds for an RN to lost their license for doing such psychological voilence especially to his/her own immediate family(spouse)?

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3 Re: Financial support for the child on Thu Jun 23, 2011 9:24 pm

attyLLL


moderator
lucy, i suggest you make an honest computation of your needs, and deduct your contributions. you can also look up the australian formulas for support.

jad, i recommend you report the child's birth to the philippine embassy or consulate so he'll have a philippine birth certificate and be entitled to a ph passport. otherwise, he will be considered an alien requiring a visa if you overstay.

you can file a complaint at the Board of Examiners of Nursing. you are not to required to sign an annulment petition, and you can even oppose it if you are so-minded. if he filed the petition already, you can request for support there.


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4 Re: Financial support for the child on Fri Jun 24, 2011 12:40 am

jadramos


Arresto Menor
AttyLLL, thank you so much for your advices. But where can I file for the Child support when we get there in the Philippines?

Again thank you so very much and more power..

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5 Re: Financial support for the child on Fri Jun 24, 2011 9:14 pm

attyLLL


moderator
if he already filed a petition for annulment, you can request for child support with the court. if not, at the family court where you reside.


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6 Thanks so much attyLLL. on Sun Jun 26, 2011 3:20 am

lucyf27


Arresto Menor
I will prepare that before we meet at CHR.

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7 Re: Financial support for the child on Sun Jun 26, 2011 4:35 am

Charlotte Ball


Arresto Menor
Good morning Legal Advisers, I have a an ex- live in partner and we have a 4 yr. old son. We separated ways last year. Since then he removed me as his allotee and also since then he is no longer supporting our child. It's been a year now, and I only remember him sent money last year for our son's 3rd birthday. That's it I did not demand for his monthly support because I was hoping he will do it voluntarily.Unfortunately, it never happened. Now, I decided I should fight for the right of my chid. I was asking him nicely these past few months for his support however, he refused to do so and he always say he does not have money which is not acceptable because he is working as a seafarer. My son is carrying his last name because when I gave birth to our child he signed the birth certificate acknowledging his son.I would like to know where I can file a case for child abandonment and support against my ex-live in patner? Thank you very much for your reply and more power!

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8 Re: Financial support for the child on Mon Jun 27, 2011 4:19 am

keropi3425


Arresto Menor
gud eve po.. hingi po sana aq ng help tungkol sa problem ko.. magkahiwalay po kami ng asawa ko pero wala pa po 1 year.. nasa france po xa ngaun.. ask ko lang po kc ung sa agency nila may policy po un n 70 percent dapat sa pamilya maiiwan ung atm nun 30 percent lang po ung maiiwan sa kanya pero ung nangyari po wala po atm na iniwan sa akin ung asawa ko... nasa tatay po nia ung atm pwede po ba aq magreklamo dun??/ and pinapapirma po nila aq kada kukuha aq ng pera 15thou po ung nakukuha ko... and may habol po ba aq dun?? ano po ba dapat ko gawin?? tulungan nio naman po aq 3 po ung anak ko..

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9 Re: Financial support for the child on Mon Jun 27, 2011 5:53 pm

bmendoza


Arresto Menor
Good Afternoon, I just wanted to ask I have a 7 yr old kid but the mom and i were never married we separated when my kid was just 1 yr old. the kid stays with her and i provide all the school needs like baon, projects etc.that has always been the set up ever since. i just lost my job now the my ex girlfriend is demanding me to pay for my child's everyday food and yaya and she's threatening me that if i don't give her what she want's she'll sue me. my question is does she have the right to sue me even if im giving her financial support for our child's education. at my status right now i can only afford school expense as i do not have a stable income at the moment. is that already considered a criminal offense?

thank you so much in advance.



Last edited by bmendoza on Mon Jun 27, 2011 6:03 pm; edited 2 times in total (Reason for editing : added info)

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10 Re: Financial support for the child on Tue Jun 28, 2011 12:02 am

cher


Arresto Menor
Good eve legal advisers, kasal po ako sa husband ko. me dalawa kaming anak. nagtanan po siya ng ibang babae. pareho nilang iniwan anak nila. ngayon ay nagsasama sila. inamin po nya to sa akin at pumayag naman siyang mag send ng support sa kids namin. pumayag din po siyang i waive ang rights nya sa bahay namin. 50 percent po ang napagkasunduan naming isend nya. pero kulang po ang binigay nya. kung sakali po pwede ko po ba siyang ireklamo don? saka pag nagwaiver po sya ng rights.me chance pa po ba na mahabol nya ang tungkol sa bahay in the future? posible po ba talaga na mapa no longer conjugal ung house and lot pag pumirma siya.gusto ko lang po ma i secure yung para sa mga anak ko.. help po.

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11 Re: Financial support for the child on Tue Nov 29, 2011 12:54 pm

ginalyn


Arresto Menor
Please help me po, I am separated but not legally.. Religiously my husband gives financial support but not enough for our 2 kids when they sick and now they go to school. Can I demand to my husband to give us an extra for tuition fee and medicines of my kids? I know how much his salary and benefits and napakalaki po ng naiiwan sa kanya.. Parati po nyang sinasabi na wala akong makukuha sa kanya at pagkasyahin ko kung ano ang binibigay nya. Ilang prcent po ng salary nya ang pwede kong idemand? Ayaw po nyang makipag-uasp ng maayos, msyado po syang mayabang.. Saan po ako pwedeng humingi ng tulong? Wala naman po akong pera pambayad ng lawyer.. Maraming salamat po..

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12 Re: Financial support for the child on Wed Nov 30, 2011 5:39 pm

attyLLL


moderator
ginalyn, your remedy is to file a petition for increase of support at the family court. you can go to the Pao, they sometimes call the parties to a pre-litigation conference.


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13 Re: Financial support for the child on Fri Dec 02, 2011 11:45 am

ginalyn


Arresto Menor
Legal advisers, marami salamat po. Saang PAO po ako magpapafile? Im residing @ Antipolo and working @ makati.. My husband also working at makati and residing at qc.?

And what are the requirements/documents will be needed in filing a petition for increase of support at the family court in PAO?

Again, thank you very much and God bless po...



Last edited by ginalyn on Fri Dec 02, 2011 12:27 pm; edited 2 times in total (Reason for editing : additional question)

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14 Re: Financial support for the child on Sat Dec 03, 2011 9:33 am

attyLLL


moderator
antipolo. at least bring marriage certificates and birth certificates of children


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15 Re: Financial support for the child on Mon Feb 06, 2012 12:28 am

ara dela cruz


Arresto Menor
hello po.,nag try po ako mag post dito para sa problem ng kuya ko,.damay na din po kasi kami..nakulong po ang kuya ko last wed. hnggang friday po bale 2days po nag suffer sa loob ng kulungan dahil sa pagdemanda ng asawa niya.
hindi raw po nagbibigay ng sustento ang kuya ko which is not true.,regular po nagbibigay si kuya sa anak nia kahit simpleng factory worker lang po sya,napilitan pong mg rent ng boarding house ang kuya ko dahil hindi na po nia matagalan ang sobrang sama ng ugali ng asawa nia,na khit kami pong mgkakapatid at si nanay ay hindi napo makasundo ng hipag ko,.wala pong alam ang kuya ko na dinedemanda po sya dahil wala nmn pong problema sa kanila ng anak nia.
kaya hindi po sya nakaka attend ng hearing dahil iba iba po ang naka address supuena nia,kaya po dinampot nalang po sya sa harap ng factory na pinagtatrabahuhan nia, awang awa po kami sa kuya ko dahil hirap din po kaming humanap ng pangpiyansa kaya po hindi agad namin sya nailabas,

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16 Re: Financial support for the child on Mon Feb 06, 2012 12:41 am

ara dela cruz


Arresto Menor
sa ngayon po atty. wala pong kibo ang kuya ko lagi dahil mahina po tlga ang loob nia sa aming mgkakapatid sya lang po ang ganun,wala din po kasi kaming sapat na kaalaman kung paano kami makakatulong sa kanya,
may kayang pamilya po kasi ang napangasawa ni kuya huli na po ng malaman nia ang tunay na ugali ng asawa nia,binantaan din po nia kami na uubusin daw po nla ang pera nla para makulong ang kuya ko,para daw po makaranas ng hirap ng kuya ko at bumalik sa kanila at magmakaawa.
atty. paaano po nmin mapapatunayan na regular pong nagbibigay ang kuya ko sa anak nia para po matigil na ang kaso nia.
tinanggal din po kasi ang kuya ko sa trabaho dahil nasa rules and regulation po ng company nla yun bawal po ang may kaso.
kaya ngayon po gusto po sana syang kunin ng tito ko sa saudi para magtrabaho,kaso pwede pa po ba mag abroad ang kuya ko kahit may kaso po sya at nakapagpiyansa lang po.
pwede din po ba kami magkaso sa asawa nia dahil nagbibigay nman po tlga ang kuya.pero sinasabi po niyang wala daw.

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17 Re: Financial support for the child on Mon Feb 06, 2012 12:47 am

ara dela cruz


Arresto Menor
sana po masagot nio po agad ang katanungan ko dahil hindi po naniniwala ang kuya ko na pwede pa sya mag saudi..nanghihinayang po kasi sya hnggang ngaun sa trabaho nia at napahiya po talaga sya sa karamihan ng mga tao,
at paano po nia masustentuhan anak nia e wala na po syang trabaho ngaun,posible po bang makulong ulit ang kuya ko,.
kung sakaling matalo po sya sa kaso,.wla po kasi kaming atty..
thank you po in advance..
wait po nmin ang sagot nio .pahabol pa po pala tanong ni ate ko,ano daw po ba ibigsabihin ng counter affidavit?...tnx tnx tnx

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18 Re: Financial support for the child on Mon Feb 06, 2012 4:06 pm

maricel0224


Arresto Menor
please advice: my live in partner of 8 years has a son from his gf before, the child is now 7 years old. The mother always ask for financial support which we are giving. My question is how much should be given to the child on a monthly basis. And in return, can the father demand for visitation rights.

My partner and I has 2 children so we also have kids to support.

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19 Re: Financial support for the child on Tue Feb 07, 2012 10:11 pm

attyLLL


moderator
ara, i presume there is a date of arraignment? he has to be present, and a lawyer will be assigned to him if he doesn't have one. he has to prove his remittances through receipts, deposit slips, etc.

maricel, there is no fixed formula for computation. it depends on needs and capability.


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20 Re: Financial support for the child on Wed Feb 08, 2012 1:31 pm

maricel0224


Arresto Menor
thanks po! kasi we are giving $200 every month pero sinasabi po ng nanay nung bata na kulang na kulang. kami ba po kailangan ang mag shoulder ng 100% na gastos nya then pag may nasa pilipinas kami eh ayaw man lang ipahirap kahit 1 araw.

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21 Re: Financial support for the child on Fri Feb 10, 2012 8:42 pm

attyLLL


moderator
that's a good amount. make sure you retain written proof that you are sending the money


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