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can my child can get a child support if i annul my marriage to a usc and im still here in philippines?

#1 nicole_nathan

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Posted 28 February 2010 - 07:36 AM

hi to all vj member's!

just want to consult something and need some advice's about my problem, im thinking filling an annulment for my USC husband coz he cheated on me and he is ignoring me already and our son, now my question is can my child get a child support even were still here in the phillipines? and can i file a crba for our son even his father didnt send back the paperwork to me for me to file my son at the us embassy here in manila? and our paperwork now was pending at nvc cuz my husband didnt send yet the affidavit of support at the nvc.

thank's hope you can help me about this. all your advice's are very much appreciated.
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#2 Otto

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Posted 28 February 2010 - 08:34 AM

Child support (if not given voluntarily) would probably need to be awarded by a Family Court in the US. (There may be other ways, but that would be the most common and only one I can think of.) If that helps.




**Topic may be better suited in "Effects of Major Family Changes on Immigration Benefits" (I know you've got some other questions but this might be the best place for now); moving thread there
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#3 payxibka

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    Supreme Member



Posted 28 February 2010 - 09:32 AM

hi to all vj member's!

just want to consult something and need some advice's about my problem, im thinking filling an annulment for my USC husband coz he cheated on me and he is ignoring me already and our son, now my question is can my child get a child support even were still here in the phillipines? and can i file a crba for our son even his father didnt send back the paperwork to me for me to file my son at the us embassy here in manila? and our paperwork now was pending at nvc cuz my husband didnt send yet the affidavit of support at the nvc.

thank's hope you can help me about this. all your advice's are very much appreciated.


divorce or annulment is not the determining factor for an order of child support.... however even if you get an order of child support the enforceability of this order might be difficult dependent on the existence of cooperating agreements between the PI and the state your child's father lives
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YMMV

#4 Old Dominion

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    Diamond Member



Posted 28 February 2010 - 10:00 AM

The only way your ex-husband can be required to provide support is by a U.S. court. You are dealing only with a Philiippines court to obtain an annulment. A good attorney "might" be able to do something via a U.S. court on behalf of your child, who by definition is a U.S. citizen.
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#5 justashooter

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Posted 28 February 2010 - 10:27 AM

you need the assistance of an attourney that is liscensed in the state in which your husband lives, prefferebly, in the county. this will cost you about $5-8000 if paternity is not contested.
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#6 JimVaPhuong

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Posted 28 February 2010 - 01:25 PM

There is no reciprocal child support enforcement agreement between the Philippines and the United States at the national level, so the US government will do nothing to enforce a support order issued by a court in the Philippines. The Uniform Interstate Family Support Act gives individual states the authority to enter into reciprocity agreements with foreign nations for the enforcement of support. However, from what I can tell, no state currently has a reciprocity agreement with the Philippines:

http://travel.state....pport_2600.html

You can also apply directly to the state's Child Support Enforcement agency, but there's little chance they'll do anything if the state doesn't have reciprocity agreement with the country where the support order was issued.

Your best bet is to get an order from a family court in the US, but this can be difficult. Many states require the petitioner to have immigrant status in the US, and/or be a resident of the state. You should first check the laws of the state where the father lives, since enforcement is a lot easier if the order is issued by the same state. An order issued in another state can be enforced through the Uniform Reciprocal Enforcement of Support Act, but this can take years, depending on the states involved. If he's willing to relocate frequently or work "under the table", you'll have a difficult time collecting anything. Most states will suspend the respondent's passport and professional licenses if they are in arrears on support payments, which might put some pressure on him to pay. The first step is to get a court order for payment, though.

You may need a paternity test before a court will issue an order of support. The court CAN order him to submit to a paternity test.

Unfortunately, there's a good chance this could cost a lot more in attorney fees than you'll ultimately collect in support payments, and there's no guarantee after spending all that money that you'll even get an order of support, or that the order will be successfully enforced and you'll get any money.

There are two things you need to prove when you file for a CRBA. First, you have to prove who the father of the child is. If he won't sign an affidavit of paternity, then you'll probably need to get a DNA test. Second, you have to prove that the father is a US citizen. This means birth certificate, passport, etc. Good luck getting either of these if the father won't cooperate.

There's nothing you can do about the petition at NVC. Without an affidavit of support, your visa application is dead. You can't force him to provide the affidavit. In fact, even a US court can't force him to provide it. Sponsoring you for an immigrant visa is entirely at his discretion. Nobody can force him to cooperate, and there is no penalty on him if he refuses. VAWA is sometimes an option for women in this situation, but they have to prove they were abused, and they have to prove that the abuse occurred in the US (unless the US citizen spouse is a member of the military or an employee of the US government working abroad). If you've never been to the US, then this isn't an option for you.
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#7 Brother Hesekiel

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Posted 28 February 2010 - 01:57 PM

If you are able to get your marriage annulled, the next thing you may want to tackle is finding a cure for cancer.

What I'm trying to say is this: you can't get your marriage annulled, all you can do is file for divorce. None of this has anything to do with child support, however. The child has a right to be provided for, so you, as the legal guardian, can ask for such support in your child's behalf.

Since the husband lives in the USA, you will have to file there, serve him there, and collect there. That will be rather difficult, or expensive, if you live in the Philippines.
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There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

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#8 payxibka

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Posted 28 February 2010 - 03:18 PM

If you are able to get your marriage annulled, the next thing you may want to tackle is finding a cure for cancer.

What I'm trying to say is this: you can't get your marriage annulled, all you can do is file for divorce. None of this has anything to do with child support, however. The child has a right to be provided for, so you, as the legal guardian, can ask for such support in your child's behalf.

Since the husband lives in the USA, you will have to file there, serve him there, and collect there. That will be rather difficult, or expensive, if you live in the Philippines.


There is no divorce in the PI... Annulment is the only way and it is done every day in the PI, if you can afford the fees of course....
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YMMV

#9 Kathryn41

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Posted 28 February 2010 - 05:24 PM

Duplicate threads merged and duplicate post removed. It is not necessary to start the same topic more than once.
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#10 marklovetina

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Posted 28 February 2010 - 05:33 PM

hi to all vj member's!

just want to consult something and need some advice's about my problem, im thinking filling an annulment for my USC husband coz he cheated on me and he is ignoring me already and our son, now my question is can my child get a child support even were still here in the phillipines? and can i file a crba for our son even his father didnt send back the paperwork to me for me to file my son at the us embassy here in manila? and our paperwork now was pending at nvc cuz my husband didnt send yet the affidavit of support at the nvc.

thank's hope you can help me about this. all your advice's are very much appreciated.

hello there.. i am processing my annulment now to a fil-can and i think it has no difference if a husband is a fil-can or a USC my thought is YES if u want to ask for a support bcoz my atty. also ask me if i want to ask for support but i told her NO... i only want is to cut my marriage to him at once, in my petition i didnt ask anything so my case will run fast... so its up to u.... if u have an atty. here in the PI u can ask him/her how they have ways how to do it.... oh by the way if u want to sue ur husband they have ways too... my atty. asked me that too.... but i refused....

good luck to u...
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#11 JimVaPhuong

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Posted 28 February 2010 - 07:10 PM

hello there.. i am processing my annulment now to a fil-can and i think it has no difference if a husband is a fil-can or a USC my thought is YES if u want to ask for a support bcoz my atty. also ask me if i want to ask for support but i told her NO... i only want is to cut my marriage to him at once, in my petition i didnt ask anything so my case will run fast... so its up to u.... if u have an atty. here in the PI u can ask him/her how they have ways how to do it.... oh by the way if u want to sue ur husband they have ways too... my atty. asked me that too.... but i refused....

good luck to u...


I have no idea what a "fil-can" is, but it makes a huge difference if the husband is a USC living in America. Any order from a court in the Philippines is not binding in any way on a US citizen living in the US. The US government will not enforce it, and neither will any state in the US, unless there is a reciprocity agreement in place. Neither the US government nor any state in the US has a reciprocity agreement with the Philippines, which means an order of support from a Philippine court is about as useful as toilet paper in the US. Her husband can simply ignore the order, and there will be no ramifications for him whatever, aside from the fact that he may not be able to travel to the Philippines again. Only a support order issued by a court in the US would be enforceable against him.

Likewise, if she sues him then she must sue in a US court.

If you are able to get your marriage annulled, the next thing you may want to tackle is finding a cure for cancer.

What I'm trying to say is this: you can't get your marriage annulled, all you can do is file for divorce.


As payxibka stated, the Philippines does not allow divorce. It is one of three countries where this is true, the other two being Malta and The Vatican. The Philippines DOES allow annulment, which is about as easy to get as a divorce in most countries.
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#12 Brother Hesekiel

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Posted 28 February 2010 - 08:44 PM

Thanks for the info on the annulment of marriage in the Philippines. I didn't know that. Under US and British law it is outright impossible to annul a marriage to a husband who is also the father of the couple's maternal child which makes sense, a lot of sense, as killing the child and pretending it was never conceived during the martial union in order to undo what had been done would be somewhat cruel.

But, as Jim already stated, no annulment from the Philippines has any bearing in the US and if the husband and father is uncooperative, the way to the money is going to be darn expensive.
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There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

#13 Darnell

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Posted 28 February 2010 - 08:52 PM

I remember reading something specific to PI 'divorces' -

ie- annulment with a foreigner is not possible in the PI unless

there is a divorce decree in place, that the USC filed (not the PI person), from the USA.

Then the divorce decree gets 'certified' by RSO and/or the PI Embassy/Consulate in USA,
and then, and only then, could the annulment be filed.

Don't know squat about the 'have child with husband' - how it affects annulment.

Maybe a PI lass can chime in here?
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#14 marklovetina

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    HONEY'S SWEETIE....



Posted 28 February 2010 - 09:17 PM

I have no idea what a "fil-can" is, but it makes a huge difference if the husband is a USC living in America. Any order from a court in the Philippines is not binding in any way on a US citizen living in the US. The US government will not enforce it, and neither will any state in the US, unless there is a reciprocity agreement in place. Neither the US government nor any state in the US has a reciprocity agreement with the Philippines, which means an order of support from a Philippine court is about as useful as toilet paper in the US. Her husband can simply ignore the order, and there will be no ramifications for him whatever, aside from the fact that he may not be able to travel to the Philippines again. Only a support order issued by a court in the US would be enforceable against him.

Likewise, if she sues him then she must sue in a US court.

hehehe.. sorry he is a filipino-canadian, yes we have no divorce here in the phil. only annulment and i am processing it now, but what i know the atty. here will send a letter to the embassy like mine to the canadian embassy but it will be a long and very expensive process.... if she have an atty. here in the PI she will understand what i am saying i am not an atty. that's why i dont know how the process and the procedure of it... best is to ask a legal atty. about this matter...

As payxibka stated, the Philippines does not allow divorce. It is one of three countries where this is true, the other two being Malta and The Vatican. The Philippines DOES allow annulment, which is about as easy to get as a divorce in most countries.


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#15 Dakine

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Posted 28 February 2010 - 09:37 PM

If the USC petioner initiates the divorce in the US then the divorce is recognized by the Philippine government.
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