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Free Legal Advice


Butsoy

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hi guys!

 

i need an advice actually its for my 22yr old kid brother...his supposedly ex-gf or fubu got pregnant and is now asking him for support and he tells us that he's not sure he's the father of the child coz the girl's got a lot of guys hanging around her the time before the pregnancy. what are his legal options? thanks in advance

 

you can also pm me your suggestions.

 

 

If you are sure that you ex-bf or fubu impregnated you, then you can sue for support at the right time :sick:

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hi guys!

 

i need an advice actually its for my 22yr old kid brother...his supposedly ex-gf or fubu got pregnant and is now asking him for support and he tells us that he's not sure he's the father of the child coz the girl's got a lot of guys hanging around her the time before the pregnancy. what are his legal options? thanks in advance

 

wala pa. just sit back and relax until the girl gives birth.

 

Now after the child is born and the girl asks for support - -

wala pa rin. tell your brother to just sit back and relax, unless his conscience bothers him. in which case, he may volunteer his financial assistance.

 

What if the girl, after giving birth, files a petition in court for support?

 

hire a lawyer and oppose the petition. deny the filiation. a DNA test will confirm that your brother is not the father of the child. UP Diliman conducts DNA testing.

 

What if after the filing of the petition and a DNA test, it appeared that your brother could be the biological father?

 

He and his lawyer may want to sit down with the girl and her lawyer, and talk about an amicable settlement, OR he may still oppose the petition. A family court will require the father to support a child only if he has the financial capacity to give support. The amount of support will be fixed by the court on the basis of the father's income less a reasonable amount for his own sustenance, and the amount necessary for the basic needs of the child. In other words, kung yung sweldo ni brother kulang pa sa pangangailangan nya, no court can compel your brother to give support.

 

and remember, the UNWED mother is not entitled to any support.

 

Good luck.

Edited by nightingale
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Question to the MTC Lawyers.

 

One of the members has suggested making subsections for this area...

 

How do you think we should divide it up? What are the specialites<?> that you would want the section broken up into?

 

Let me know pls.

 

Thanks...

 

 

i think that this set up is already good. why? not everybody know what field of law his question is all about. for example, a loan problem being brought to criminal cases. it may just be a cause of OT posts

 

 

and besides, most questions are either civil or criminal issues (a few labor questions also), i dont see issues relating to political law, mercantile, tax, etc.

 

maybe our legal brains here can just quote the problem in making the reply.

 

 

just my opinion.

Edited by jopoc
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Hey nithingale,

 

Re your reply to nadine's case... does it also apply to one night stands? or cases of seduction?

 

and what is an amicable settlement? is it something like a quitclaim, a one time payment that the guy has to pay?

 

and how does the court decide whether the income of the father is not enough for his own substenance?

 

and regarding the rights of that child... is he also considered as heirs if the guy is suppossed to have a inheritance?

 

Many thanks!

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Hey nithingale,

 

does it also apply to one night stands? or cases of seduction?

 

Yes, so long as you are proven to be the father, you have an obligation to support your child. Article 105 of the Family Cosde says the parent has an obligation to support his children (and vice-versa).

 

and what is an amicable settlement? is it something like a quitclaim, a one time payment that the guy has to pay?

 

An amicable settlement is an agreement wherein the parties make reciprocal concessions in order to avoid litigation,or end one already commenced. The stipulations would depend on the agreement of the parties. It can provide for a one-time payment, or periodic payments, etc. Bahala silang magkasundo. Ang importante, nagkakasundo sila na di na sila maghahabla kapalit ng mga matatanggap nila sa ilalim ng kasunduan.

 

and how does the court decide whether the income of the father is not enough for his own substenance?

 

depends on the facts of each case. the needs of the father must be balanced with the needs of the child. Since the needs of persons vary from one person to another (likewise the salary/income would also vary from person to person), it is hard to give a hard and fast rule as to when income is not enough for subsistence

 

and regarding the rights of that child... is he also considered as heirs if the guy is suppossed to have a inheritance?

 

if he is proven to be the child of the alleged father, he has a right to inherit upon the death of the guy. However, so long as the guy is alive, the child has no right to whatever the guy receives as inheriotance.

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i think that this set up is already good. why? not everybody know what field of law his question is all about. for example, a loan problem being brought to criminal cases. it may just be a cause of OT posts

and besides, most questions are either civil or criminal issues (a few labor questions also), i dont see issues relating to political law, mercantile, tax, etc.

 

maybe our legal brains here can just quote the problem in making the reply.

just my opinion.

 

I tend to agree. This board is not that busy yet anyway. Thanks Wyld.

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ei guys help naman...yung DSL connection ko is paputol-putol...mga every 5-10 minutes napuputol yung connection...ok lang since maliit na nuisance lang naman...kaso pag nagda-download ako sa mga sites like Rapidshare or Megaupload e hindi ako makatapos kahit mabilis yung rate of download...so I have to start over again and again...question ko is kung may way ba to download the same file where I last left off...for example nasa 20% completed na yung file tas na-dc...i want it to be na sa next try ko e asa itutuloy nya yung download sa 20% ulit...thanks...

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what if the girl is/was an escort or prostitute? does i make any difference? who will shoulder the cost of the dna test if ever?

 

thanks for all your replies

I don't see any reason why there should be any difference at all.

As for the expenses, whoever alleges paternity of a child should shoulder it.

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ei guys help naman...yung DSL connection ko is paputol-putol...mga every 5-10 minutes napuputol yung connection...ok lang since maliit na nuisance lang naman...kaso pag nagda-download ako sa mga sites like Rapidshare or Megaupload e hindi ako makatapos kahit mabilis yung rate of download...so I have to start over again and again...question ko is kung may way ba to download the same file where I last left off...for example nasa 20% completed na yung file tas na-dc...i want it to be na sa next try ko e asa itutuloy nya yung download sa 20% ulit...thanks...

 

 

DSL connections arent supposed to be like this, so you should complain about it. I've had the same experience with PLDT so I know about their crap! I don't know if yours is PLDT also.

 

There are a lot of utilities that allow resuming downloads like GetRight, etc. but it will really depend on the server. If they don't allow it, then you can't resume disconnected downloads even if you have the tool. I beleive this is the case with RapidShare and MegaUpload.

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Good day!

 

Am new here and i had been reading comments and notes posted, you guys are great. You do give good answers. I dont know if all of of you are lawyers but if you are, then count me in.

 

Am a lawyer and is very willing to share legal opinions also to those who seeks one.

 

Nithingale....your good.

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