Child Support

[chantal]

Hi, I got married to a British National last 1999 in Muntinlupa City Philippines but we got separated last September 2008..Since then, he never sent any money to support our daughter who is 8 years old now..My husband lives in England since September 2008.Me and my daughter lives in the Philippines. I want to know what should I do and what documents I need so I can file financial support to the British Embassy..I hope you can help me..Thanks and more power!

[grahamw48]

Hi Chantal and welcome to the forum. :xxgrinning--00xx3:

I think you will have to start your claim with the court in the Philippines and then rely upon the authorities there to pursue your claim through any reciprocal arrangements that may be in place between the Phils and the UK (possibly via the British Embassy).

This is the British Govt. website, just for your information.

http://www.direct.gov.uk/en/Parents/ChildMaintenance/Arrangingchildmaintenance/DG_199081

Hopefully if you do some serious googling you will find some previous cases similar to your own, which will give you a few clues as to the best way to approach this matter.

I wish you and your daughter the best of luck.

Personally I could just not imagine abandoning a child of mine, no matter what the circumstances. :NoNo:

[chantal]

Thank you for your advice..It was deeply appreciated..I will surf the website you gave me..

[imagine]

shame on him for not supporting:NoNo:
good luck :xxgrinning--00xx3:

[chantal]

I believe in karma anyway..

[imagine]

I believe in karma anyway..

:D so do i :icon_lol:

[Arthur Little]

I believe in karma anyway..

... I think MOST Filipinas do. :)

[tiger31]

chantal i wish you luck and don,t want to dampen your spirits but if a guy is not supporting your daughter now ,i think you are in for a long road and may result in no money .if a guy wants to avoid paying he can very easily by going self employed or working in a cash industry .the best way to approach this is by being nice to him even if you hate him try getting him to face up to his responsibility as a father ,but be prepared to be disappointed in your rightful quest in child support .i,ve dealt with our child support agency and they only like simple cases where the father is employed and easy to take the money from his salary .cases like yours tend to be left behind unless you know exactly where he lives and if he has a steady job.even then once he finds out your trying to get money through the agency all he will do is quit his job and find another each time it sets everything back again .so i,m trying to show you how hard it is to get money from someone who does,nt want to pay .real fathers will pay for their kids period .i wish you all the best for the future.

[hawk]

if someone is paying csa money for a child in uk but once they leave uk they dont pay as csa dont have any power to reteve money and if phil is the same am sorry you will be better of forgeting as it may cost you more money even if they get money from him by the time they take there cut you will end up with very little i know he should pay support but as said from others he only needs to quit his job and it starts all over again

[CBM]

I'm afraid Tiger 31 and Hawk are right; fathers who want to get out of their responsibilities can do so very easily here in Britain.

However, you may be lucky; if your ex has a steady job with a employer and espescially if he owns property rather than renting you may be able to get an Attachment of Earnings Order and you may be able to put a land charge on his property. But these will be expensive and you won't qualify for Legal Aid.

Try shaming him into it first.

When my wife walked out to live with her loverboy I kept the children; she's never paid a penny.

[tanga]

Chantal,
I think you have to be realistic here. The Embassy is unlikely to be of help to you,the best advice you would probably receive is to contact a lawyer or CSA which members of the forum have already suggested. Even if you could obtain a judgement through the courts enforcement would be difficult and any legal promulgation in Philippines would possibly not be recognised in UK
Over the years I have heard of similar cases here involving foreigners who have moved and left their spouse and child without support. I know also of a British national married in UK to a Filipina who later became a naturalised citizen. He subsequently moved to Philippines with his wife and child,started a business and built a house. A few years later when the business failed his wife left him and moved back to UK taking their child. He was left penniless in a property in his wife's name which he was unable to sell. His wife then got a job in UK and cohabitated with another man.
If she had done that in Philippines then she could have been jailed for aldultery. If the break up had been in UK then a judge could have ordered the sale of the property and the equal distribution of the realised funds.
The law is very different in UK and Philippines.
The best way if at all possible would be to rely on your husbands moral conscience to support his daughter,regardless of the manner of your separation.A letter from your daughter enclosing recent photographs perhaps.
You do not mention whether your daughter's birth was registered at the embassy. If so she is entitled to British citizenship which could assist in pursuing a claim.
On a practical level let me suggest that you contact Atty Katrina Legarda of Legarda Law.
She is an expert in family law,studied at Bristol University,is a regular contributor on TV and radio.
If you can secure an appointment I think you will get a no nonsense suggestion of what options are open to you.
Good luck