Filipinas - Opinions and Advice

[GoodEnough]

I am a lawyer, and I practice family law here in the US. If a Filipina is able to obtain a lawyer in the jurisdiction where the US monger resides, then the state court can order the DNA testing. Many DNA testing labs have arrangements for collections of samples in other countries. Thus, if you are ordered by the state court to provide the sample, and the baby's sample is collected in the Philippines and analyzed in the US, you may very well be forced to pay child support.

RG.

I have no doubt about the accuracy of your information. But I don't think it addresses the point. There's almost a zero likelihood that the average poor Filipina is going to have the knowledge, let alone the resources to find a lawyer in a specific jurisdiction in the States, and even less likelihood that she would have the means to pay the lawyer. By the time all that go sorted out, in the unlikely event that it happened, the alleged father would probably have left the Philippines. I'm not arguing the legal point, and I'm not an attorney, but the fact is that guys can and do impregnate women here with almost total impunity and never get held to account. This is not to deny that men have moral obligations to support their own children, but just to point out the sad fact of life in this corrupt country which is totally indifferent to the plight of single mothers abandoned by the fathers of their children. I get to witness the aftermath of these abandonments almost daily.

GE

[Sammon]

"International child support cases in the United States are currently handled under bilateral federal-level arrangements or informal arrangements between individual USA states and foreign countries. Section 459A of the Social Security Act n13 outlines the conditions which must be met before the United States will enter into an agreement to enforce child support obligations for a resident of another country. Generally, the other country must have procedures in place and available to USA residents (or commit to establishing such procedures) that would enable the foreign country to establish and enforce child support obligations, including the establishment of paternity, collect and distribute child support payments, and provide any necessary legal or other services at no cost. Also, the foreign country must designate a central authority to facilitate international cases. The Office of Child Support Enforcement (OCSE) of the Department of Health and Human Services is the central USA authority for international child support. N14 The United States currently has federal reciprocity arrangements with fifteen foreign jurisdictions n15 and negotiations are underway with approximately ten more countries. Many countries do not provide free legal services in all child support cases and do not establish paternity as part of a child support case. N16 Consequently, the United States has no federal-level child support agreement with those countries."

38 Int'l Law. 493.

As of this date, the following countries (or Canadian provinces) have [*71606] been designated foreign reciprocating countries:

Country Effective date.

Australia May 21, 2001.

Canadian Provinces:

Alberta Sept. 4,2002.

British Columbia Dec. 15, 1999.

Manitoba July 11, 2000.

Newfoundland / Labrador August 7, 2002.

Nova Scotia Dec. 18, 1998.

Ontario August 7, 2002.

Czech Republic May 3, 2000.

Ireland Sept. 10, 1997.

Netherlands May 1, 2002.

Norway June 10, 2002.

Poland June 14, 1999.

Portugal. Mar. 17, 2001.

Slovak Republic. Feb. 1,1998.

There are several International agreements in place mainly on the books. Is it enforced?

I doubt it.

Going back to PHI thread area I do not think it is possible for a Phi girl to appeal to the american embassy to force a US citizen to pay child support and force the citizen to undergo paternity test.

Here we are discussing specifically Phi situation.

I am sure if it is european girl who got impregnated by US citizen, there maybe a course of action taken.

Even then I doubt these things will be taken seriously and the decision if at all may take more than a few years. By that time if the guy changes his location all things will come to a halt. I doubt even a european girl will have the financial backing involved in this lengthy court battle to get help.

This can only happen if the guy happens be famous multi millionaire. Even then I doubt any of the lawyers will be willing to travel back and forth to USA to force the issue.

[Chocha Monger]

CM I smell something too but it stinks! Hahahahahaha. You are confusing the Shadow Billionaire with a Two Week milliionaire.

Slippery,

You are too kind. Most PI mongers can't come up with a million pesos in two years much less two weeks but that is no reason to hurt their feelings. Many guys are multiple divorcees on shattered pensions but at least they can feel like two peso millionaires for a week every 5 years. However, isn't that better than the alternative?

[Slippery]

WTF is this a bar association meeting? I'm falling asleep so it must be. Can I tell my state Supreme Court that I took my mandatory continuing legal education on ISG?

[Legal Tender]

I am from USA. All I am saying is it is your responsibility to acknowledge the existence of your child and your responsibility to the American Embassy. Ofcourse they will conduct paternity tests to make sure. Once you go this way the girl can try to collect child support and or immigration papers etc.

The girl by herself cannot go to American Embassy and claim paternity by a American Citizen with names and such.

The American has to initiate the action.

There is no way american embassy is going to force you to take paternity tests.

Only paternity tests I know of are ordered in USA courts if the mother is living in USA and puts a claim for child support.

"International child support cases in the United States are currently handled under bilateral federal-level arrangements or informal arrangements between individual USA states and foreign countries. Section 459A of the Social Security Act n13 outlines the conditions which must be met before the United States will enter into an agreement to enforce child support obligations for a resident of another country. Generally, the other country must have procedures in place and available to USA residents (or commit to establishing such procedures) that would enable the foreign country to establish and enforce child support obligations, including the establishment of paternity, collect and distribute child support payments, and provide any necessary legal or other services at no cost. Also, the foreign country must designate a central authority to facilitate international cases. The Office of Child Support Enforcement (OCSE) of the Department of Health and Human Services is the central USA authority for international child support. N14 The United States currently has federal reciprocity arrangements with fifteen foreign jurisdictions n15 and negotiations are underway with approximately ten more countries. Many countries do not provide free legal services in all child support cases and do not establish paternity as part of a child support case. N16 Consequently, the United States has no federal-level child support agreement with those countries."

38 Int'l Law. 493

As of this date, the following countries (or Canadian provinces) have [*71606] been designated foreign reciprocating countries:

Country Effective date
Australia May 21, 2001.
Canadian Provinces:
Alberta Sept. 4, 2002.
British Columbia Dec. 15, 1999.
Manitoba July 11, 2000.
Newfoundland/Labrador August 7, 2002.
Nova Scotia Dec. 18, 1998.
Ontario August 7, 2002.
Czech Republic May 3, 2000.
Ireland Sept. 10, 1997.
Netherlands May 1, 2002.
Norway June 10, 2002.
Poland June 14, 1999.
Portugal. Mar. 17, 2001.
Slovak Republic. Feb. 1, 1998.

[Slippery]

CM I smell something too but it stinks! Hahahahahaha. You are confusing the Shadow Billionaire with a Two Week milliionaire.

[Chocha Monger]

So am I but as you well know, people don't want to listen to us, even after they paid us. The problem might be that we are thinking as American attorneys and not as Filipino attorneys or judges. What GE says about the rotten to the core corruption in Phils is probably on target. There is a timely and interesting report by Jackyboy on the general info thread in connection with the Phils corrupt legal system that made for some enlightening reading.

Now, get ready for the lawyer hate mail soon to follow. It always does.

Slippery,

I smell me some money! What do you think about a business model where an entity locates these fugitive fathers and links up the girls with an attorney in the father's state of residence on a pro bono basis for a cut of the action? I mean those lawyers representing the girls who got knocked up by Shadow Billionaire made a killing off that case. Of course, a lot of mongers don't have that kind of money but you'the only need to hit a few jackpots to make it worthwhile. A Filipina looking for her fugitive father was able to provide his name, social security number, date of birth and employer recently. I guess her mother had the foresight to examine the contents of his wallet and correspondence while his was fast asleep in post-coital bliss.

[Sammon]

Sammon, I don't know what country you are from but in the USA many of the individual states have reciprocal agreements with foreign countries, states or provinces that contemplate the foreign citizen obtaining child support from the American non-custodial parent. Also, sometime around 2008, the USA signed off on the International Child Support Treaty at the Hague. I don't know if the treaty has been ratified yet but the US Department of Health and Human Services is pushing it hard. If it has not yet been adopted, it surely will be. To the best of my knowledge there are some amendments that are in negotiation. So right now it appears to be a state by state matter but it will soon be a uniform measure that the states will be compelled to comply with by the federal government.

Fortunately I did not learn this the hard way.

I am from USA. All I am saying is it is your responsibility to acknowledge the existence of your child and your responsibility to the American Embassy. Ofcourse they will conduct paternity tests to make sure. Once you go this way the girl can try to collect child support and or immigration papers etc.

The girl by herself cannot go to American Embassy and claim paternity by a American Citizen with names and such.

The American has to initiate the action.

There is no way american embassy is going to force you to take paternity tests.

Only paternity tests I know of are ordered in USA courts if the mother is living in USA and puts a claim for child support.

[Slippery]

So am I but as you well know, people don't want to listen to us, even after they paid us. The problem might be that we are thinking as American attorneys and not as Filipino attorneys or judges. What GE says about the rotten to the core corruption in Phils is probably on target. There is a timely and interesting report by Jackyboy on the general info thread in connection with the Phils corrupt legal system that made for some enlightening reading.

Now, get ready for the lawyer hate mail soon to follow. It always does.

[Run Mann]

Which is why you protect your identity. NEVER NEVER give out your name if you do that and tell them you are from somewhere else.

What if the baby is his? Shouldn't you be advising your brothers to do the right thing by not putting themselves in this type of situation instead of shirking their ultimate responsibility as a parent? Not preaching to you but there are enough bastards in the world as it is.

[Mc Don]

I am a lawyer, and I practice family law here in the US. If a Filipina is able to obtain a lawyer in the jurisdiction where the US monger resides, then the state court can order the DNA testing. Many DNA testing labs have arrangements for collections of samples in other countries. Thus, if you are ordered by the state court to provide the sample, and the baby's sample is collected in the Philippines and analyzed in the US, you may very well be forced to pay child support.

RG.

Which is why you protect your identity. NEVER NEVER give out your name if you do that and tell them you are from somewhere else.

[Radical Guy]

I am a lawyer, and I practice family law here in the US. If a Filipina is able to obtain a lawyer in the jurisdiction where the US monger resides, then the state court can order the DNA testing. Many DNA testing labs have arrangements for collections of samples in other countries. Thus, if you are ordered by the state court to provide the sample, and the baby's sample is collected in the Philippines and analyzed in the US, you may very well be forced to pay child support.

RG.

Just as an aside, I am reasonably sure that there's no court-ordered DNA testing here. I know the US Embassy will only accept the results of a DNA test if it has written verification that the alleged father of the baby has agreed to it. Further, the US Embassy at least will only accept test results from one of two labs that it specifies, so I don't think it's subject to any kind of pressure from the so-called justice system here. Then too, a court will order whatever it is that the highest bidder needs ordered, so even if, in the unlikely event a woman sued to compel DNA testing, it's likely that the man would, having more money, receive a verdict in his favor. Finally, the judicial process here drags on for years, permitting appeal after appeal, so in the event of an unfavorable ultimate verdict, it's likely the kid would be of marriageable age before anything happened.

Alleged fathers here, who refuse to acknowledge paternity, are virtually immune from any legal repercussions.

GE

[GoodEnough]

Mc Don, first, there are plenty of stupid guys out there. Second, ever heard of court ordered DNA testing? I see it all the time in my work.

Just as an aside, I am reasonably sure that there's no court-ordered DNA testing here. I know the US Embassy will only accept the results of a DNA test if it has written verification that the alleged father of the baby has agreed to it. Further, the US Embassy at least will only accept test results from one of two labs that it specifies, so I don't think it's subject to any kind of pressure from the so-called justice system here. Then too, a court will order whatever it is that the highest bidder needs ordered, so even if, in the unlikely event a woman sued to compel DNA testing, it's likely that the man would, having more money, receive a verdict in his favor. Finally, the judicial process here drags on for years, permitting appeal after appeal, so in the event of an unfavorable ultimate verdict, it's likely the kid would be of marriageable age before anything happened.

Alleged fathers here, who refuse to acknowledge paternity, are virtually immune from any legal repercussions.

GE

[Frenzy3]

In asia? WTF they sell whitening products like crack. I not meet a Asian who likes black. We need to walk down the street and see who they check out. I have a Spanish mate and he could not believe how many girls not even look at him when we walk arround.

I use to think it was because I am different, but when you get told so many times by normal Asian what they like then you know it not just to make small talk.

Still until we test it out enjoy the attention. Hehe

[Mr Enternational]

I have blue eyes and I get this request all over Latin America and a few times in Asia.

Well I'm Black and I get the baby thing in Latin America and Asia as well. They always say they like my color and they always wanted to have a baby my color. So I have started switching it up and telling them that I like their color before they get a chance to run the line on me.