Child Support

[Lee]

Our niece, who lived with us for many years, quit college after of course getting herself pregnant. BF has now moved on after predictably their relationship has failed.

I'm interested in the niece receiving child support for her child. Have seen in the past that doing this is often a long, uphill slog that almost always end with failure. Courts can take many years. Enforcement of CS payments is another issue. BF did sign the birth certificate.

The DSWD link details what is supposed to happen in these cases.

https://www.dswd.gov.ph/fathers-should-provide-child-support-in-accordance-with-law-dswd/

 

Anyway, has anyone here ever gotten a CS petition through that actually enforced payment of CS? If so, I  would like to hear of the methods used to do this.

 

[Mike J]

No experience but perhaps this site will get you started.  Hope you are successful.

https://lawyerphilippines.org/2018-guide-to-child-support-in-philippine-law/

[Old55]

Very common. Sorry it happened to your niece. It's much better you ask a local trusted family law attorney. 

What do you think the chances are your niece will ever receive any child support? And what do you think it would cost you to pursue him legally?

What do you think the chances are this could cause a "grudge" or worse if you push it through?

 

Edited August 13, 2023 by Old55

[Lee]

1 hour ago, Old55 said:

What do you think the chances are your niece will ever receive any child support?

Almost zero. BF has another child with someone else that he doesn't support.

1 hour ago, Old55 said:

what do you think it would cost you to pursue him legally?

Costs are not really an issue here but am unwillingly to spend yrs going through the court system only to lose because I'm a foreigner (which has happened to me before).

1 hour ago, Old55 said:

What do you think the chances are this could cause a "grudge" or worse if you push it through?

Small. BF was a cast off child that was raised by a well to do local family who spoiled the crap out of him. Would guess that they would want to avoid a public issue. Family has refused all attempts at communication since the niece left 8 months ago.

I have contacted my lawyer about this and am awaiting her response. She tends to view legal matters based on what the laws state and not what the legal norms actually are. Often this is not helpful.

I'm just looking at my options right now---nothing has been decided.

[Kingpin]

5 hours ago, Lee said:

unwillingly to spend yrs going through the court system only to lose because I'm a foreigner

Unless I missed something, you're not legally involved in the case so that wouldn't a reason for losing. Of course the kid will probably reach 18 before they even hear the case.

If these cases are handled at all, it's through the barangay, the unhappy couple come up a settlement and sign it together with some officials.

 

[Lee]

1 hour ago, Kingpin said:

Unless I missed something, you're not legally involved in the case so that wouldn't a reason for losing. Of course the kid will probably reach 18 before they even hear the case.

My wife and I were her guardians for almost a decade so we would be legally involved in any case. The nieces real parents have been out of the picture for a number of years.

 

[Kingpin]

16 hours ago, Lee said:

My wife and I were her guardians for almost a decade so we would be legally involved in any case. The nieces real parents have been out of the picture for a number of years.

 

Who supports the kid now?

Since you have a lawyer, the best you could do is send her to the father's parents to work out some kind of unofficial payment arrangement.  When they don't accept, she can let them know she's ready to file a case. Court-mandated child support doesn't mean much because it isn't enforced, but they may deal just to avoid it all.

 

[Lee]

Lawyer got back with me on this today and its as bad as I suspected.

Bottom line----if BF doesn't have a job, he doesn't have to pay CS.

No wonder this bad behavior is so prevalent in the PI. In the US, not having a job isn't a good enough reason for not paying CS. You either pay it or go to jail.

[Rooster]

On 8/14/2023 at 4:46 AM, Lee said:

Our niece, who lived with us for many years, quit college after of course getting herself pregnant. BF has now moved on after predictably their relationship has failed.

I'm interested in the niece receiving child support for her child. Have seen in the past that doing this is often a long, uphill slog that almost always end with failure. Courts can take many years. Enforcement of CS payments is another issue. BF did sign the birth certificate.

The DSWD link details what is supposed to happen in these cases.

https://www.dswd.gov.ph/fathers-should-provide-child-support-in-accordance-with-law-dswd/

 

Anyway, has anyone here ever gotten a CS petition through that actually enforced payment of CS? If so, I  would like to hear of the methods used to do this.

 

 

 

I read about more Filipinos being arrested, charged, jailed for psychological violence for not providing child support than I do for act of not following child support laws.

Send her to a mental Doctor, see if the Doctor can document she's suffering psychological violence, mental or emotional anguish.

Section 5(i) of RA No. 9262 Section 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts: (i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or access to the woman's child/children.

Every City PNP is required to staff a help desk dedicated to help woman & children being physically/psychologically abused . Go discuss it with the help desk, show them medical records from Psych Doctor. Threaten the A-hole if he don't do a promissory contract to pay monthly child support he'll be arrested & jailed for violating - RA No. 9262 Acts of Violence Against Women and Their Children, causing psychological violence, mental and emotional anguish .for not providing child support.

https://www.projectjurisprudence.com/2021/05/psychological-violence-ra-9262.html

 

 

Edited August 24, 2023 by Rooster

[Lee]

If I had my way, I would take a piece of tail out of the dozen or more so called adults from both families that sat back and watched this predictable train wreck as it was happening for months but yet said nothing to help stop it.