Child support and adoption issues – Katrina Legarda

Posted at 04/01/2009 12:44 AM | Updated as of 04/01/2009 12:44 AM

In this summer heat, problems between romantic partners are heating up. As always, the children are involved and are affected. Here is a letter from the mailbag:

I'm a solo parent & right now I'm having a barangay conciliation with the biological father of my child. The father is willing to give P3000/month since this was the amount we previously agreed in 2004. However, I’m asking or an increase since my child, 5 y/o is already studying & the amount is already inadequate w/ the needs of my daughter.

He is a government employee & earns almost half a million in a year but he already has a family right now w/ 1 legitimate child. He's so stiff in his decision to only fix the amount to 3K since according to him this is only the amount he can give co'z he has family, loanables etc etc.

I'm confused, if I sue him on court will there be a chance that the increase be granted? I only want to ensure my child's future. I have a work though but only on a job contract basis. Pls. help.

Dear “Judith,” the amount of support is never final. It can be increased, if the Court or mediator finds that the needs of the child have increased; and it can be decreased if it is found that the child’s needs have decreased or when the child has either reached the age of 18 years old, or after the child has completed a professional degree, whichever comes later.

In your case, I strongly suggest that you return to the barangay. If conciliation fails, I regret to inform you that you will have to go to court. This can be a very long process.

You will need to prove that your former partner is in fact your child’s biological father (it is a good thing your barangay conciliation seems to have established this fact). You will also need to prove the needs of your child and your inability to fully meet these needs.

Please remember that “support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.” Thus, you cannot demand cellphones, designer clothes, expensive modes of transportation, and such like. What is “indispensable” is a matter which a court will decide. What is “in keeping with the financial capacity” of your former partner is a matter you will have to prove.

Please go to an Integrated Bar of the Philippines (IBP) Chapter in your area so that you can obtain proper legal aid. If you wish, you may go to the IBP Legal Aid Office at the IBP Building in Pasig City. Good luck.

Here is another letter, still related to support:

I want to ask about the rights of adoptive parents and the real parents of adopted child. I have been supporting my niece since birth because her mother, the family, and my brother is in difficulty financially. Since I am the one supporting most of her needs including childcare, I would like to adopt the child. I was told that if I am going to adopt her and transfer some of my properties to her, if something happen to the child, her mother will be an automatic beneficiary. Can I please ask you to enlighten me in this matter.

Dear “Sheila,” adoption has many effects. The adopted child will obtain the rights of a legitimate child in relation to you. So, your niece will become your legitimate child. The natural parents of your niece will lose their parental authority over your niece. Your niece can inherit from you AND from her natural parents and other blood relatives.

To protect your future adopted child, you must make a will where you will institute her as your sole heir in the event you die unmarried. Your adopted child is your compulsory heir. Please note, however, that the Civil Code, in Article 984 states: In case of the death of an adopted child, leaving no children or descendants, his parents and relatives by consanguinity and not by adoption, shall be his legal heirs. This provision is under Intestate or legal Succession, ok? SO this means that you have to ensure your adopted child either marries or makes a will also.

Till next time. Please continue to write through feedback@abs-cbn.com


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