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illegitimate child

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1 illegitimate child on Sun Aug 14, 2011 9:41 pm

singlemommy


Arresto Menor
need your help i had an illicit affair with a married doctor/surgeon and end up having a child he's 3month old now.my parents asked him to give child support and he agreed. but his wife's aunt talk to us telling that he will stop from practicing his profession at mnagAalaga na lang dw ng baboy and his wife planning to file a case against hi,.pati lawyer nila kinausap din father ko asking to give 300,000 and 7,000 for 18 months.i don't want to agree but leave no choice because of what the Aunt told us. we had a notarized agreement. it's also written there that if i gave birth on june 2011 the child may use his surname, but to bad i had an early labor and delivered 3 weeks earlier thru Cesarean Section. and written din na i wont file any case against him.

here's my quetions:

1. does notarized agreement relevant? how to supersede that agreement?
2. Can i file a case asking for Child support written in family code?
3.if i file a case now will i give back the money he gave us? i'm planning to use it bec we're not well off. and even lose my job bec of my pregnancy.
4. whatif his wife file a case against me, what would it be?what are the penalties?

my advance thank you for your kind answers..

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2 Re: illegitimate child on Mon Aug 15, 2011 11:13 pm

attyLLL


moderator
did he sign the birth certificate?

who signed this agreement? is it notarized?


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3 Re: illegitimate child on Tue Aug 16, 2011 12:43 pm

singlemommy


Arresto Menor
he did not sign the BC. we both sign the agreement and it's notarized.

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4 Re: illegitimate child on Thu Aug 18, 2011 6:13 pm

attyLLL


moderator
1) an agreement to waive future support is not allowed. you can rescind that portion of the agreement.
2)didn't they actually give the 300k? it's all gone?
3) he can use it as a defense that he is at least prepaid. note that the support is only for the child, not you.
4)the wife can file a civil case against you for monetary damages

does the agreement say that he acknowledges being the father? if not, your remedy is to use it as evidence to file a petition for filiation and support.


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5 Re: illegitimate child on Tue Aug 23, 2011 1:23 pm

singlemommy


Arresto Menor
i did save the 300k at the bank.

does the agreement say that he acknowledges being the father? if not, your remedy is to use it as evidence to file a petition for filiation and support.
---no atty.

thank you atty, your such a big help. god bless

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6 Re: illegitimate child on Tue Aug 23, 2011 1:47 pm

singlemommy


Arresto Menor
atty, how much po ba fee ng layer for my child's case? tnx po ulet

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7 Re: illegitimate child Today at 6:23 am

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