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Asked by mariakassler - 5 years ago
hi im a single mom in the philippines i had a baby son born from a german national who left us,my son is now 8 months,i need to know am i entitled to any alimony even if not married to the father of my son,and is my son entitled to child support from his father? if so how do i get it,what can i do and how much should i expect to get from a man who is an independent business man,earning more than 2000 euro a month in germany
Additional Details added 5 years ago
just coz a government is lousy and lax,it doesnt mean everybody else just got to sit pretty and submit to all the abuse and voluntary sloth,but the question is,how do simple folk get up on heir heels and fight back or make thier voices heard for justice and right without engaging in publick campaighns and rallies that history shows only makes situations worse.in all whats is the most peacefull but powerfull way,people can demonstrate their rights and speak for their cause?
Additional Details added 5 years ago
i wantt better answers
Best Answer
kc5255 Level 38 / Out of the Workforce
Answered 5 years ago
-
I am not a lawyer, nothing in this document should be considered legal or professional advice in any jurisdiction. Because every situation and circumstance is unique

How to File for Child Support in the Philippines

Find a lawyer specializing in family law– Private lawyers are very costly, but I find that they give better advice and walk you through all the steps in filing for a child support. However, if you cannot afford one, you can go to your municipal hall and consult with a public defendant, who probably has a lot of experience dealing with these cases daily. But in my opinion, it is always best to pay for a private lawyer for your first and/or second consultation, and when you have filed your case, you can ask the court for a public defendant.

Send the father of your child a demand letter – Send as many as you can through registered mail. Send it to his home address, billing address, business address, parent’s address, and siblings’ addresses or even at his friends’ address; just to make sure that he receives one and he will not have any reason not to contact you. There are two possible outcomes from sending a demand letter with your lawyer’s letterhead.
He will ignore the letter of support, not contact you and then you can proceed to the next step.
The child’s father will contact you and the two of you can come to an agreement, with or without your lawyers present. Draft a letter of support, indicating the terms both of you have agreed on, have him sign it and notarize it.
Note: The letter of support is important as it is a binding contract between you and the father of your child. It has to be a detailed draft of what your child will need up to the time he reaches maturity, usually until he reaches the age of 21 or up to the time he finishes college. List all possible scenarios where in you will need financial assistance from him. Just to be on the safe side, ask your lawyer to make one for you. If he fails to give you the monthly child support you agreed on, slap the letter of support on his face.

Prepare Documents
Birth certificates or baptismal certificates of your children
A narration which consists of your whole relationship with the father until you decided to consult a lawyer. Be specific, it will take time to write the story, but you have to do it.

Ask your lawyer to draft a petition so you can file a case – Once you have the petition in your hands, you can now file a criminal or civil case. Your lawyer will advise you on what and where to file it, in most cases it will be in your area of residence

Subpoenas will be sent – A hearing will be set. You and the father of your child will be notified of its date through subpoenas. There are some cases wherein the father contacts you upon receiving a summons from the court, especially once they see that they are being charged with a criminal case. This is the perfect time for you to lay down your terms and have him sign a letter of support.

Court Hearing – Even if the father of your children does not attend the first hearing, it will proceed as the court will assign a lawyer to his case. This is also the perfect time to ask for immediate temporary financial assistance. This does not mean that the judge has already ruled on your case, it only means that you are asking for some financial help until the case is resolved. Usually, it may take up to 30 days, but the judge will ask the father of your child to pay!

Judge’s Decision – If the father’s child is still uncooperative and does not wish to come to make deal with you, or you do not like what he has to say and give; the judge will make the decision after all the sides have been heard. Typically, the judge will order (FORCE is a better word) the father to give! Usually, the amount will be automatically taken out of his monthly salary and deposited directly into your bank account.

CHILD SUPPORT GERMANY: Change in the German Child Support Law as of January 1, 2001

Though practically unnoticed by the public, and somewhat hidden behind the designation Law Regarding the Proscription of Violence During a Childs Upbringing, the law pertaining to the mainenance of children was altered in a fundamental point on November 2, 2000 (and published in BGB1.I on November 7, 2000).

1612 b Abs. 5 BGB reads as of now:

Payment of child benefits to an individual who is making maintenance payments for a child will cease in so far as the individual is unable to afford support at a level of 135% of the regulated amount specified according to the Regulated Payment Decree.

This means simply that, in the future, a person making maintenance payments of the regulated amount must be able to afford 135% of those payments, that is, the subsistence level. If the person making the payments cannot afford that amount, then according to this new legislation, the child benefit subsidy will cease or at least be reduced, so long as the payer cannot manage payments at the subsistence level. The net initial measure for this is set according to the requirements of the Income Group (Einkommensgruppe) 6 of the Dusseldorfer Tabelle; this requirement gives a measure of 135% of the regular maintenance payment. For a child of the first age level, the regulated maintenance payments amount to DM 480.00. From this one may take out half of the child benefit payment of DM 135.00, so that the remaining payment totals DM 345.00. If one has been directed to make lower maintenance payments than DM 345.00 for a child of the first age level, then he must pay this much, net.

If the person making the payments is able to pay DM 582.00 for a child in the second age level, then the half of the child benefit amount may likewise be taken into account. In the third age level, the figure in question amounts to DM 698.00 - DM 135.00.

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