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illegitimate child support and how o supersede notarized agreement?

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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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rchrd


moderator
1. does notarized agreement relevant? how to supersede that agreement?
The notarized agreement is a very important document.
a. It is a proof that the doctor is the father of your child.
(it will help you and your child establish paternity)
(it will also help the wife establish that you and her husband
had an affair)
b. I would not advice you to change that. The next notary public
might repair it to the effect that you will lose the proof of
acknowledgment of paternity)

2. Can i file a case asking for Child support written in family code?
Yes. This is the reason why you should not have the notarized agreement. That is your proof that you are entitled to support.

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.
You can file a case for support. Save whatever proof you have that that money came from the doctor because you might need that later. You can use the money but acknowledge (in your petition for support) that you received such an amount from the doctor.

4. whatif his wife file a case against me, what would it be?what are the penalties?
The counsel for the other wife can file 1) concubinage against you and the husband or 2) civil case for damages against you.

You need to get a lawyer now and avoid signing any document from the counsel of the wife. I hope you are not guilty of having done it with the doctor despite knowledge of the fact that he is married. Even then, i am not here to condemn you but instead trying to help you learn from that mistake.

Sorry we answered late.

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singlemommy


Arresto Menor
thank you so much it's such a big help.. may God bless ypur kindness..

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singlemommy


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

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rchrd


moderator
2. Can i file a case asking for Child support written in family code?
Yes. This is the reason why you should not have the notarized agreement [b]changed[/b]. That is your proof that you are entitled to support.

Forgot to type the underlined word. Charge depends on
how difficult your case is;
the standing of your lawyer in the legal community;
your capacity to pay;
the common charge in similar cases by lawyers at your place;
can't really guess how much.

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singlemommy


Arresto Menor
ay ganun po ba sana nmn hindi mahal =)

thank you po talga atty..

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