Free Legal Advice Philippines
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

seeking much needed advice

2 posters

Go down  Message [Page 1 of 1]

1seeking much needed advice Empty seeking much needed advice Sat May 30, 2009 12:56 am

legally_clueless


Arresto Menor

hello,
I have an overseas civil case against my father with regards to arrears in child support, school fees and expenses, although on paperwork I am the client of my laywer, my mother has had full control of the case and its actions since I was under age at the time. It has been 10 years now with no resolution, I have since been communicating with my father and on good terms, and on several occassions I have requested for the case to be ceased.
Both the lawyer and my mother have threated/"persuaded" me on several occassions to continue the case, one instance they told me that I was not allowed to see my daughter again unless I cooperate with them (Lawyer), another was when I was told they (Lawyer and mother) will sue me if I dropped the case. It has come to the point where the lawyer is planning for retirement, he states that if I don't continue the case he will charge me for 10years of lawyers fees, my question is, is this legal?Can I do anything about it?Can he enforce it?pls help.

2seeking much needed advice Empty Re: seeking much needed advice Tue Jun 16, 2009 6:55 pm

attybutterbean


moderator

(1) With respect to your present desire to have the case dismissed, I don't think that it will have an effect insofar as the arrears in child support which accumulated when you were still a minor. It is my view that your mother is entitled to recover such amount that should have been given by your father. Being your guardian, it can be considered that your mother has "advanced" such amount for your support. Besides, you were still a minor at that time. Therefore, your mother has the right to demand support in your behalf.


(2) The lawyer and your mother can definitely sue you. The question is, will the case prosper? I don't think it will prosper. First, they will have to show that the support case was indeed dismissed because of your own doing. As I have said, I doubt that you can cause the dismissal of the case for support because your mother is entitled to recover such amount she may have advanced for your support when you were still a minor. Assuming that you were able to have the case dismissed, it is also my view that your mother and the lawyer have no cause of action against you.

(3) What is the basis of the lawyer in charging you 10 years of lawyer's fees? Is he/she not being paid by your mother? Besides, your mother contracted his/her services. Therefore, the lawyer's claim for attorney's fees should be directed at your mother.

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum