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Good day attorney,
The father of my child is married but no children yet. On my first trimester pregnancy I had been bleeding. I asked the help of the father for prenatal expenses. His text messages were saved on my handy phone and email that he acknowledge the child as his and he will support the baby and my delivery. He deposited the money into my bank account. Later, we have conflicts and threatened not to support the baby anymore and deny it. I email him to write a Letter of Support but he refused. I returned the money what he gave because we don’t have any written agreement only verbal agreement.
We went to Philippines Embassy to make the AFFIDAVIT OF UNDERTAKING. The Consultant Asst. put amount of P 20,000.00 for monthly support with computations of how much the child needs which includes dwelling, commodities, nanny, and health care. The father did not agree that amount. He said he will only give P 18,000.00 per month. He did not sign the Affidavit.
The following day I called the Embassy and informed them that it’s ok with me if the father will give P18,000.00 and I am willing to accept non-cash support. The father was scheduled for DNA Testing last Wednesday and I asked him to go back to Embassy to revise the AFFIDAVIT and sign. He just said yes. This afternoon, I called the Embassy and I found out that He did not sign the AFFIDAVIT. According to the Consular Asst. the father gave too many reasons. Like, where he will get that amount if he will go home in the Philippines. Now, it’s really obvious the reason why he don’t want to sign the AFFIDAVIT so that he will not give any support to our child and the expenses incurred during my pregnancy. The expenses are too big and he don’t know where to get the money, but I already informed him before to save money for my prenatal and delivery.
The Consular Asst. advised me that we need to finalize the AFFIDAVIT. I already talk with the father of my child today. He said that he will not sign it and he don’t agree anymore with P18,000.00 for the reason that he will be imprisoned if he cannot give that amount. All other reasons was already been discussed when we went to Embassy. I already told him before that the amount is in proportion to his salary abroad or his means of income in the Philippines. Still, he refused. My flight schedule is on August 2010 to Philippines. The reason why I want to have the AFFIDAVIT before my flight schedule because it's also stated there he acknowledge the child and his consent for Child's DNA Testing and when the results is conclusive he will right away give the support and replenish the expenses prior and during the child birth.
1) If he still refused to sign what should I do next? What case should I file in the Philippines? and Where? I already agreed with the amount that he said of P18,000 but then he himself refused to sign the affidavit.
2) Can I still reimbursed my maternity expenses as what he pledge if he will go home and he will say he don't have money?
3) I understand that if I go home in the Philippines I can no longer go after him or the court since he is not in jurisdiction of our country. If this case is filed at court can I ask for cancellation of his PASSPORT at DFA?
Thank you and more power!
The father of my child is married but no children yet. On my first trimester pregnancy I had been bleeding. I asked the help of the father for prenatal expenses. His text messages were saved on my handy phone and email that he acknowledge the child as his and he will support the baby and my delivery. He deposited the money into my bank account. Later, we have conflicts and threatened not to support the baby anymore and deny it. I email him to write a Letter of Support but he refused. I returned the money what he gave because we don’t have any written agreement only verbal agreement.
We went to Philippines Embassy to make the AFFIDAVIT OF UNDERTAKING. The Consultant Asst. put amount of P 20,000.00 for monthly support with computations of how much the child needs which includes dwelling, commodities, nanny, and health care. The father did not agree that amount. He said he will only give P 18,000.00 per month. He did not sign the Affidavit.
The following day I called the Embassy and informed them that it’s ok with me if the father will give P18,000.00 and I am willing to accept non-cash support. The father was scheduled for DNA Testing last Wednesday and I asked him to go back to Embassy to revise the AFFIDAVIT and sign. He just said yes. This afternoon, I called the Embassy and I found out that He did not sign the AFFIDAVIT. According to the Consular Asst. the father gave too many reasons. Like, where he will get that amount if he will go home in the Philippines. Now, it’s really obvious the reason why he don’t want to sign the AFFIDAVIT so that he will not give any support to our child and the expenses incurred during my pregnancy. The expenses are too big and he don’t know where to get the money, but I already informed him before to save money for my prenatal and delivery.
The Consular Asst. advised me that we need to finalize the AFFIDAVIT. I already talk with the father of my child today. He said that he will not sign it and he don’t agree anymore with P18,000.00 for the reason that he will be imprisoned if he cannot give that amount. All other reasons was already been discussed when we went to Embassy. I already told him before that the amount is in proportion to his salary abroad or his means of income in the Philippines. Still, he refused. My flight schedule is on August 2010 to Philippines. The reason why I want to have the AFFIDAVIT before my flight schedule because it's also stated there he acknowledge the child and his consent for Child's DNA Testing and when the results is conclusive he will right away give the support and replenish the expenses prior and during the child birth.
1) If he still refused to sign what should I do next? What case should I file in the Philippines? and Where? I already agreed with the amount that he said of P18,000 but then he himself refused to sign the affidavit.
2) Can I still reimbursed my maternity expenses as what he pledge if he will go home and he will say he don't have money?
3) I understand that if I go home in the Philippines I can no longer go after him or the court since he is not in jurisdiction of our country. If this case is filed at court can I ask for cancellation of his PASSPORT at DFA?
Thank you and more power!
