losing child support case

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yes, you can but with the prosecutor's consent

Regarding Case Against Abandonment and non - child support.. during 3months pregnancy the father of my child left me in my parents house and abandonde me during pregnacy tapos siniraan nya pa aq sa lht ng ngtratrabaho sa SM cnv nya na hnd nya aq klala at d nya ito anak tapos hinamak nya ung pagkatao ng q.wla aq ntanggap na support during pregnancy hanngang manganak aq wla sya binigay 2months baby q pumunta aq sa sm north para ipakita sa knya ang gnawa nya lng tinakbuhan kmi sa lht ng tao.at hinamak ang pakatao ng anak ny kla q magbabago sta at matutuwa kpag nkta nya ung anak nya kaso pinagmamalaki nya na tinataguan nya kmi at ngpalipat lipat ng branch ngaun na sm harison sya ace ..dinala q ulti baba q pra humingi ng medical support ksao pinauwi lng kmi gusto q sya mkulong sa pagabanduna sa anak q at hindi pananagutan nya sa akin.gusto q sya matanggal at maban sa trabaho nya pra sa pagiging iresponsable tapos kinikwento nya pa sa mga promo ung ginagwa namnin sa kama sya pa naman ang nagiisa at unang lalaki nkakuha skn.anu po ba dpat q gawin .gusto q magbgay sya ng support sa bata hanngang 18yrs .pero gusto nya pirmahan ung abandonment letter for not acknoledging my child..pwede ko po ba kasuhan ung ama ng anak q sa pagiging iresponsable at pra mawalan ng trabaho at magkaroon ng record sa nbi.pinagmamalaki nya pa sa mga tao na tinakbuhan nya aq at madami dw sya binuntis na tinakbuhan..walang bahid na pagsisis kht nitong 30 hinarAP q sa knya anak q ksao ayw nya makita at ayaw magbigay ng child support..mana mana lng dw dhl inabanduna din dw sya ng ama nya

hi atty,

what if my ex bf won't show up on the hearings. we had a hearing last January but he and his lawyer did not show up. we weill be having another hearing next month and i'm afraid he will fail to show up again. what will happen then?

thanks!

he is not required to attend all hearings. if they do not appear, then they waive their right to cross examine or present a witness.

then what will happen with the case? will it still prosper?

thank you, atty.

yes, it can

my ex is asking me to sign a compromise agreement, but when i read it, it looks like a affidavit of desistance because it says that i cannot file another case against him and the existing case will not prosper anymore.

Is it correct atty? it seems that they are deceiving me so i did not sign yet... your advise please...

thanks.

dream, if you want him to voluntarily settle and give support, you have to give up the case. can't have it both ways.

the only way to force him to give while the case is ongoing is for the court to order him to provide support.

it has been years since your case began. if you settle now and the settlement includes an acknowledgement that he is the father and there will be regular support, that would not be a bad ending. if he violates the agreement, then you can file a new case or ask the court to execute the agreement.

if you are committed to prosecuting him, don't negotiate anymore.

thanks for the prompt reply atty. really appreciate it.

"if he violates the agreement,ask the court to execute the agreement"

does this include reopening the case? because I think it is not practical for me anymore to file a new case again... pls enlighten me so i know my rights.

I want him to be prosecuted, however, my fiscal is not that helpful to me and just wanted me to sign the agreement right away even if it is not enough. I am really confused.

thanks in advance.

if you want him to voluntarily settle and give support, you have to give up the case. can't have it both ways.

what are the terms of the agreement?

Please see below atty.

He will give 6k monthly support.

On the condition that i will move for the dismissal or execute and affidavit of desistance and no longer pursue claim of any monetary awards on the above entitled case.

That base on the said amicable settlement, I will dismiss the case permanently in favor of the accused and shall release the latter from any and all liabilities whether civil, criminal, administrative or monetary in connection with the above case.

That complainant and accused hereby agreed to have the case permanently with prejudice and to terminate and close the said case

In the event of any violation of this compromise agreement the aggrieved party is entitled to secure a writ of execution from this honorable court with damages.


Thank you atty.

dream123 wrote:Please see below atty.

He will give 6k monthly support.

On the condition that i will move for the dismissal or execute and affidavit of desistance and no longer pursue claim of any monetary awards on the above entitled case.

That base on the said amicable settlement, I will dismiss the case permanently in favor of the accused and shall release the latter from any and all liabilities whether civil, criminal, administrative or monetary in connection with the above case.

That complainant and accused hereby agreed to have the case permanently with prejudice and to terminate and close the said case

In the event of any violation of this compromise agreement the aggrieved party is entitled to secure a writ of execution from this honorable court with damages.


Thank you atty.

6k/month? Did you asked for increment, let’s say every 3 or 5 yrs. the amount will increase? And how about the other expenses like hospitalization, school expenses or other emergencies?

i will just about to add that when we see each other again in court.. please advise specific expenses and amounts so i have an idea.

thanks.

6k a month is not a bad figure for support of a child. consider asking him for

1) an initial amount as a down payment
2) increase of 10% every 3 years for the monthly amount
3) half of tuition for school and emergency hospital expenses
4) acknowledgment that he is the father

and you have to agree to let go of the case completely.

thank you very much atty.

but what if he failed to do the conditions, what will be my legal remedy that i can also include in the compromise agreement?

if the court will approve the compromise agreement (which imo, would be improper in cases of 9262) then you can ask the court to execute the agreement, and the court sheriff will demand from and look for his assets.

of if it will not be approved, you'll have to file a new case for enforcement.

should i include it on the written agreement? bec it was not stated what will be the consequence if he failed to do what is agreed upon. Or the court will just say it once i signed?

Just want to be sure...

thanks. i really appreciate it, atty.

include it in the agreement, and have the agreement approved by the court.

thanks atty.

i have another problem though, he was dismissed from his job last year and i am not sure if he is still unemployed at the moment. can he use that as a reason to not give support? although i would doubt that because he is a licensed engineer. what should i do atty?

thanks.

i think you already have sufficient information to make a decision. good luck.

i already signed the affidavit of desistance, does that mean i cannot file any case against him anymore if he fails to comply on the agreement?

i am asking because he is not communicating with me regarding the 24k bond that should be given to me as a support. I am really worried bec i do not know where he is working now and home address. we only communicate through email and he do not reply to me.

thank you.

i already signed the affidavit of desistance, does that mean i cannot file any case against him anymore if he fails to comply on the agreement?

i am asking because he is not communicating with me regarding the 24k bond that should be given to me as a support. I am really worried bec i do not know where he is working now and home address. we only communicate through email and he do not reply to me.

thank you.

you should have your support agreement approved by the court. if he fails to fulfill his obligation, you can ask the court to enforce the agreement

yes atty, it was approved before the court.

can i be the one to personally process the release of the cash bail bond instead? thanks.