CHILD SUPPORT - PARENTS NOT MARRIED

Dear Attorney, hello!
I am a brazilian attorney and I am trying to help a filipino friend who is mother of 2 children (a daughter of 19 years old and a son of 6 years old). She have never married with the father of her children. The father never supported his children. But now my friend, the mother, doesn´t have a good job anymore and her daughter is in university studying industrial design.
She needs suport. I want to know 2 main things:

1-) Is there any free legal service for people who doesn´t can afford in Philippines?

2-) How is the procedure in cases like this in Courts? Is there an hearing in Court where she or the children will be in front of him?

Thanks! Atty, Niedja Santos

Hi Atty. Niedja,

I am quoting your questions below in order to properly address them:

1-) Is there any free legal service for people who doesn´t can afford in Philippines?

Yes, the Public Attorney's Office (PAO) provides free legal service. There is PAO in every city. They are usually located in the Municipal/City Hall.

2-) How is the procedure in cases like this in Courts? Is there an hearing in Court where she or the children will be in front of him?

She doesn't need to immediately go to court. She may go to PAO and have a lawyer there prepare a demand letter for child support for her. If the father refuses or does not respond, she may proceed with filing a complaint with the prosecutor's office for violation of RA 9262 (Anti-Violence Against Women and their Children) against the father for economic abuse. She does not need to hire a private lawyer because the Prosecutor will represent her in court, should they reach that stage. PROVIDED, that the father had acknowledged the children as his by signing on their birth certificate.

Regards,

Atty. Katrina

Dear Atty. Katrina,

I hope everything is fine with you and thank you very much for the reply. It cleared me a lot.

I only need to ask you more two doubts. It would be great if you could answer them too:

1-) Do you know where is the Public Attorney's Office (PAO) in Manilla?

2-) In this issue, if the case needs to run through Court, will the mother demand in name of the daughter of 19 years old? Or as she is 19 years old she will need to demand in her own name by herself? I ask this because here in Brazil, mother can demand in name of their children up to 18 years old, after this age, they become adult and should demand by themselves.

I hope I could be clear ans ask properly.

Again, thanks, Atty. Katrina.

Hi Atty,

I am just helping my aunt get answers and clarifications.
My male cousin had a son with this girl at the age of 17 (2 years ago), but he was not recognized in the birth certificate. His support for the child is not regular because he is still studying and working. Presently, we heard that the girl is pregnant again but my cousin would not confirm it to us. The girl's brother, a PO1, keep on texting my aunt that the 2 should get married or my cousin will be sued with 9262. Please help.

God bless.

Respectfully,
Racquel

NiedjaSantos wrote:Dear Atty. Katrina,

I hope everything is fine with you and thank you very much for the reply. It cleared me a lot.

I only need to ask you more two doubts. It would be great if you could answer them too:

1-) Do you know where is the Public Attorney's Office (PAO) in Manilla?

2-) In this issue, if the case needs to run through Court, will the mother demand in name of the daughter of 19 years old? Or as she is 19 years old she will need to demand in her own name by herself? I ask this because here in Brazil, mother can demand in name of their children up to 18 years old, after this age, they become adult and should demand by themselves.

I hope I could be clear ans ask properly.

Again, thanks, Atty. Katrina.

The PAO is in the Hall of Justice of Manila. She just needs to go to the City Hall and ask where the PAO is.

Since the daughter is 19 years old, she can demand for support from the father. Please note that parents have the obligation to provide educational support even when she is no longer a minor and such obligation is present until she finishes higher education.

Regards,

Atty. Katrina

racquel umaran wrote:Hi Atty,

I am just helping my aunt get answers and clarifications.
My male cousin had a son with this girl at the age of 17 (2 years ago), but he was not recognized in the birth certificate. His support for the child is not regular because he is still studying and working. Presently, we heard that the girl is pregnant again but my cousin would not confirm it to us.  The girl's brother, a PO1, keep on texting my aunt that the 2 should get married or my cousin will be sued with 9262. Please help.

God bless.

Respectfully,
Racquel

Dear Racquel,

Your cousin does not have the obligation to marry the mother of his children. The decision to enter into a marriage is voluntary. Furthermore, your cousin cannot be sued under RA 9262 only because he doesn't want to marry the woman. What the police officer is doing may be considered as threat and can be punishable under the revised penal code, depending on the language used.

Regards,
Atty. Katrina

Dear Atty. Katrina,

I'm a mother of one and I'm not married to the father of my child, he will turn 8 this September. We separated 3 and a half years ago because of his incapability to support us as he was picky when it comes to job selection. I am currently employed in a call center and I have tried asking for legal advice in PAO but they said they wouldn't be able to help me since my salary is above the minimum wage.

I was just wondering if there could be any other way because I can't afford to get myself a personal lawyer because of financial issues. Since the father of my child is not supporting me, I have to support him myself so I don't have extra money to get an attorney.

Hope to get a response from you Ma'am. Thank you.

JhemCye wrote:Dear Atty. Katrina,

I'm a mother of one and I'm not married to the father of my child, he will turn 8 this September. We separated 3 and a half years ago because of his incapability to support us as he was picky when it comes to job selection. I am currently employed in a call center and I have tried asking for legal advice in PAO but they said they wouldn't be able to help me since my salary is above the minimum wage.

I was just wondering if there could be any other way because I can't afford to get myself a personal lawyer because of financial issues. Since the father of my child is not supporting me, I have to support him myself so I don't have extra money to get an attorney.

Hope to get a response from you Ma'am. Thank you.

You really need the help of a member of the bar (i.e. a lawyer) to file an action for support against the father of your child.

If you are not qualified for PAO assistance, try the legal aid of the Integrated Bar of the Philippines, there is always a chapter in the municipality or city where you live.

Thank you Miss Jadis. I'll check on Tuesday.

Dear atty.. my live in partner and i seperated. We have 8yrs old daugther.. our daughter is in province (her side). Were here in metro manila but seperated. I always give money everytime to support my daughter.. my question is. Can i get my daughter? My salary is bigger than her mother. Can i have the full custody of my daughtet since she is 8 years old? Please tel me what to do..also my daughter use my surname.

@Jaymbarrientos
if your not married, then no. mother has sole custody for illegitimate child.

Do i have rights to see and take for a vacation trip? What if she hides our child from me?

you can visit the child, that is your right.

you can file a complaint against the mother if she will deny this right to you.

Hoping to hear answers from you as well.

Dear Atty., I am a mother of 2, one 9 years old and one 1 year old. My ex-partner and I separated recently after 11 years of being together, we were never married.

1. How can i make sure that he will not be able to get the custody (full) for my 2 children? I'm also worried about my eldest since I know that by age 7 here in our country, the child himself will be the one to choose if he wants to be with his father or mother.

I was told that I can get a SPA for legal guardianship in case I will work abroad and will leave my children in the custody of my mother.
2. Will SPA for guardianship be enough in that way my ex-partner will not be able to get my children?
(I will still allow him to visit them once a week)

3. How can I file for child support? I want him to give a specific amount for my 2 daughters but i don't have an idea how much should it be. He is earning more or less 20, 000 a month.

Thank you so much

1. That is misguided. Whatever you are saying only works if the parents are married. SOLE CUSTODY OF THE ILLEGITIMATE CHILD BELONGS TO THE MOTHER.

2. You can entrust temporary custody of your children to your mother.

3. Your ex-partner cannot take your children without your consent. They are illegitimate children. He has no right to their custody.

4. Hire a lawyer and go to court.

Thank you so much for the quick response ma'am. This is really helpful

Good evening atty may tanong po ako humiwalay ako sa asawa ko dahil nadiskubre kong may ibang babae sya ang mali ko lang hindi ako nakapagtago ng ebidensya pero nahuli ko sya mismo sa bahay ng babae nya, ng humiwalay ako pinasagot ko sa kanya lahat ng gastusin ng bata ang sabi nya ito ay mali dapat daw shared responsibility dahil ako ay may trabaho. Gusto ko malaman ano ano po ang ang legal na suporta na pwede kong hingin sa kanya. Salamat po

Korte lang ang makakapagdikta kung Magkano ang dapat niyang ibigay.

Hello Atty,

I have a family currently that I consider as my 1st and real family. We have a daughter but I am not married to her mother yet and we still plan on getting married soon. Now, I met a co-worker who knew i already have a family and had an affair with her for a couple of months and she would most of the time force me to go and have sex with her until such time the accident happened because she was that desperate and I was weak and stupid to fall for her pretentious kindness. Any man would have gone through this at one point in their life, but mine is different. Now I have a son with her but I never acknowledged the child on the birth certificate, so the son carries the woman's last name without any acknowledgement of paternity from me. The woman keeps on harassing me to support the child even when she knows I am already supporting my 1st child because my daughter needs it more and I am on an income barely enough to support one child and survive daily expenses, plus the woman claims initially that she can support the child and does not require my support anymore but come the time she feels hate and need for financial assistance to help her buy her non essential things, she keeps harrassing me with threats of court. She claims she can't support the child alone but she plans to purchase an Iphone and is on a 28k per month income compared to my 18k income, the woman is well-off, they own a car, I commute. Also she was able to lend me money still just to comeback here in Manila without me knowing her true intentions were to help me get a job here so that I she could ask support since she knows I can get a job here. This woman turns out to be manipulative and loves to blackmail me with screenshots of our conversation that shows my profane language at the peak of my anger. Since I did not acknowledge the child on the birth certificate and I am already supporting my daughter. What would be the best course of action for this immature situation that would benefit my first child and real family and not the mother of my second child? Thank you.

Kevin

Magandang araw po sa lahat,

Nakatanggap po ako ng Demand Letter for Child Support sa dati kong GF (PAO office). Nagkaroon po kami ng dalawang anak.

Humihingi po siya ng financial support ng PHP10,000/month para sa dalawang bata, pero ang gross income ko lang po ay PHP20,000/month.

Sa ngayon po ay mayron na rin po akong sariling pamilya at may isang anak (2.5yrs old) at ako lang ang nagtatrabaho sa amin simula ng magbuntis ang aking asawa, dahil sa maselang kundisyon ng kanyang pagbubuntis.

Willing po akong magbigay ng suporta pinansiyal pero hindi ko po kakayanin ang kanyang hinihinging PHP10,000/month.

Sa paghaharap or pag-uusap po ba namin (preliminary conference) kailangan ko po ba ng abodago?
Wala po akong kakayahang kumuha at magbayad ng abodago.

Maari din po ba akong humingi ng libreng legal assistance sa PAO kahit na doon din humingi ng legal assistance yung datin kong GF?

Salamat po sa mga tutugon.

The PAO cannot represent conflicts of interest. Dahil naunahan ka, maghanap ka sa iba. Maari ka pumunta sa IBP sa lugar ninyo at doon ka humingi ng libreng tulong.

Salamat po sa mabilis na pagtugon Jadis.  Pwede po ba kahit ako lang mag-isa ang pumunta at makipag-usap sa kanila?

Ano po ba ang karaniwang nangyayari sa preliminary conference?

Salamat po.

Hi po,
ask lang po. kung pwde po bng magdemand ng amount of financial support sa tatay ng anak ko kht nd kame kasal ? ngbi2gay naman sya pero masyadng maliit pang support ng needs ng bata..pls advise..tnx

Support is dependent on the capacity of the giver and the needs of the one being supported.

Especially when the child is illegitimate, the MOTHER also has the obligation to support her own child. She cannot depend on the biological father alone.

Jadis wrote:The PAO cannot represent conflicts of interest. Dahil naunahan ka, maghanap ka sa iba. Maari ka pumunta sa IBP sa lugar ninyo at doon ka humingi ng libreng tulong.

Salamat po sa mabilis na pagtugon Jadis.  Pwede po ba kahit ako lang mag-isa ang pumunta at makipag-usap sa kanila?

Ano po ba ang karaniwang nangyayari sa preliminary conference?

Salamat po.