ILLEGIMATE CHILD FINANCIAL SUPPORT

attyLLL wrote:cecil, before your child can ask for support, you will first have to establish that the man is the father. the proper recourse is to file a petition for support. it will be better if you have written evidence that he acknowledged the child, but if not, the court will also order a dna test. good luck.

thanks for the reply..wat do u mean to establish that he is the father of my child? how? i dont hav any written evidence that he's acknowledging our son & he didn't even signed on the birth cert..wat do i need to do first? im just after my son's future...i know he can support since he has many businesses.but he just refuses to bec i already broke up with him.pls help

if he did not acknowledge the child and refuses, only the court can declare him to be the father. you will have to file a case. first step is to send a demand letter to him directing him to issue an affidavit of acknowledgment and provide support else you will exercise your legal remedies. good luck.

good morning po, I have 2 sons and I acknowledged that i am the father of both sa birth certificate, ngayon po yung ka live in ko na girl(we are not married) is socializing with other men. Magbibigay pa ba ko ng financial support sa 2 sons ko?Pde bang di nako magbigay ng support dahil sa inis ko?Pde ko bang makuha yung 2 sons ko(8yrs old and 2yrs old respectively)? Please answer ASAP?

you do not have to give support to your ex-gf, but you have to give support to your sons. why punish them for the sins of the mother? failure to do so will make you liable for for economic violence.

i recommend you draw up an agreement to provide cash and non-cash support. provide groceries for food, clothing, etc. give some cash with agreement that she will liquidate with receipts. pay their tuition with checks. that way you are sure it goes to them and not to fund your ex-gf's dates.

Ok sir, thanks you so much for the advice! I,ll do that!!!

Excuse me again, yun pong second question was not answered !!
Pde ko po bang makuha yung sons ko 8yrs and 2yrs old respectively? Thanks again!!!

it will be difficult. you will have to show that the mother is unfit, and the children are being exposed to moral or physical dangers.

if you were not married, then you actually have no parental rights except for visitation. only the mother of illegitimate children has parental authority.

nevertheless, you can try to negotiate custody with her. she might agree. but to compel her with court action will be an uphill climb.

thanks ATTY. for the advise. God Bless

The father of my child is also a lawyer. He is married and has sired a lot of illegitimate children. My issue is this. He sends a small sum of money to my daughter regularly, but I want to have it written in some kind of an agreement. Aside from that, does the term support only pertain to financial support? Because I see that in terms of non-cash, he fails to give such support to my daughter and he continues to hurt her by making false promises.

If he refuse to have the support be legally written out, where can I run to make him do it. He is currently into private practice aside from being one of the lawyers of a national government agency.

Thank you very much.

rhejim, first, did he sign the birth certificate? what evidence do you have to show he acknowledged the child?

your leverage against him is a possible disbarment case at IBP and a charge of economic abuse if in case.

I don't think he'll just sign an agreement. Start establishing your proof such as emailing him to acknowledge that he gave the money.

i'm afraid support is limited to financial support.

thank you, Atty. for the response. He did sign my daughter's birth certificate, though recently only when my daughter turned 10, via late registration. When he entered into another relationship and had another child, there were instances that he would fail to keep his promises, both in financial matters and visitations. I am just worried that he would suddenly turn his back on his daughter one day, that is why I want to be assured by making him sign some agreement.

He would always brag that I cannot demand so much since the amount of support given to my daughter can only be based on his regular salary, which is his only declared (and taxed) income. His income from private practice and lectures (on seminars), where he earns more, cannot be used as basis for his support.

Atty., thank you for the attention.

Hi Atty,

First and foremost, I would like to thank you for creating this forum so that people like me can be enlightened and educated about the laws governing our country.

Ako po ay isang ordinaryong tao lamang, nagkamali nung 2006 at nagkaroon ng isang anak sa isang babaeng may 2 anak sa isang may asawa. Hindi ko po alam na may anak na po sya sa ibang relasyon at nalaman ko lang po after 1 year. Nagbunga po ang aming relasyon ng isang lalaking anak. After 1.5 years, nagkahiwalay po kami. 4 years old na po ang anak namin at hindi ko naman po itinatanggi na anak ko sya. Buwanan po ako nag susustento sa anak ko hanggang nung isang taon po ay nagpakasal na kami ng asawa ko po ngayon. Mula po nung nagpakasal ako sa asawa ko ngayon, lagi na lang po kami ginugulo ng nanay ng anak ko. Inireklamo nya po ako sa PAO sa Pasig nung September last year, agad naman po akong pumunta at napagkasunduan po sa isang Compromise Agreement na magbibigay ako ng buwanan sustento ng 6k at visiting rights during weekends. Bagamat hindi natutupad ang weekend rights ko sa bata, patuloy pa din po akong nagbibigay ng sustento. Pero nitong December, nakatanggap po ako ng Subpoena sa Pasig Fiscals Office na ako daw po ay inirereklamo sa kasong RA 9262 Section 5(i) causing emotional trauma due to denying of financial support. Nag hain po ako ng counter affidavit sa tulong ng isang lawyer na kaibigan, pero lumabas po agad ang resolution last February 2 kasabay din po ang Warrant of Arrest. Ako po ay nadetained sa Las Pinas Precint, dahil dito na po kami nakatira ng asawa ko. Siya po mismo ang nagdala ng Warrant of Arrest sa Las Pinas Police at nagturo sa bahay po naming mag asawa. Nagbail po ako ng 24k para sa aking pansamantalang kalayaan. Eto po ang aking mga katanungan:

1. Posible po ba na lumabas ang Warrant of Arrest kasabay ng Resolution?

2. May mga ebidensya po ako ng remmittance ko sa anak ko pero bakit hindi po ito tiningnan ng fiscal?

3. Wala pong basehan na anak ko ang bata dahil wala pa pong Birth Certificate ang anak ko, ano po ang pinagbasehan ng Fiscal?

4. Ano po ang maaaring mangyari sa akin? Masyado na pong abala, perwisyo at emotional burden sa aming mag asawa ang kaso na ito. Wala po ba talagang batas na naghihinto sa ganitong pang aabuso?

5. Bakit po ilang taon ang nakalipas, ngayon lang ginawa ng nanay ng anak ko ang mga ganitong bagay? Mahal ko po ang anak ko, wala po bang way para makuha ko na lang sya at ako na po ang bubuhay at mag aaruga. Ang dalawang anak po sa una ay parehong authistic, pwede ko po bang makuha ang anak ko at bigyan ng magandang buhay?

Maraming salamat po Atty. sa inyong maitutulong sa aking kaso.

Lubos na gumagalang,

ricman

ricman: this is already the third time I'm answering you: http://www.pinoylawyer.org/t3581p15-ra9262-resolution

magandang umaga po ako po si axxx sixxxx may itanong po ako may tatay po ako ng abroad nagjapan 10 taon di ako sinusustentuhan buwan buwan kung kelan lng nya po maisipan ako ay 10 taon n gusto nya dun ako tumira s kanya para maibigay ang financial ko kaylangan pero ayaw ko po gusto po sa ina ko pareho na po sila may asawa gang sa umuwi ang tatay ko dito diot sa pinas humihingi po ako ng buwan sustento pero di po ngrereply s txt ko sabi ko s nanay ko idemanda pero sabi nya wala kmi pera naawa po ako sa nanay ko lahat ginagawa para masustentuhan ako kaya po humihingi ako ng tulong a inyo pano po gagawin ko sa ama ko ayaw ibigay ang tungkulin nya s akin sana po matulungan nyo ako . maraming salamat po

alaine, how old are you? if you are still a minor, you can have a possible case of ra 9262 for deprivation of support.

good evening atty.,

is the illegitimate child entitled to 30% of his (father) salary? do you think this will be granted by the court or he will be asked to give what he can only give to my child? he also has 1 child with his wife?

what will be the effect on the case if for example, he will reason out that he's not giving me money since he's mad at me because i created an FB account for my daughter using his surname and added his wife's relatives and their friends. can he use it against me?

there is no law that states precisely how much of the income a child is entitled to, only that she is entitled to support.

did he sign the birth certificate? has he issued an affidavit of acknowledgment? if not, then you will have to establish filiation first.

that FB account, if prove that it was you who made it, can make you liable for libel.