Q: Can an illegitimate child, confirmed through a DNA test, claim financial support from the biological father who is currently married to someone else?
A: Yes, under Philippine law, an illegitimate child has the right to claim financial support from the biological father. This falls under the scope of child support, which is designed to cover the child's basic needs, including but not limited to, food, clothing, shelter, education, and healthcare.
Q: What is the extent of financial support that can be claimed for the illegitimate child?
A: The amount of support is generally calculated based on the needs of the child and the financial capacity of the supporting parent. Courts generally use a "needs and means" test to determine the appropriate amount. However, there is no fixed rate or formula prescribed by law.
Q: Is it reasonable for the mother of the illegitimate child to ask for funds to start a business?
A: The purpose of child support is to cover the child's basic needs. While it doesn't typically extend to funding a business for the child's mother, the courts will look into what is necessary for the child’s sustenance, education, and other basic needs. Any demand beyond this could be considered unreasonable unless it directly benefits the child.
Q: Can they claim back support for the past 9 years?
A: As per Philippine law, the right to claim support is demandable from the time the person who has a right to receive the same needs it for maintenance, but it shall not be paid except from the date of judicial or extrajudicial demand. This means they can't generally claim for support that should have been provided in the past unless there was a formal demand for it at that time.
Q: Can the family of the illegitimate child use social media to harass or threaten us for more money?
A: Harassment or threats, online or offline, can be considered illegal and may give rise to criminal or civil liabilities, such as under the Anti-Violence Against Women and their Children Act or Anti-Cyberbullying laws.
Q: Can we set a meeting to discuss this issue in detail?
A: While this article aims to provide general legal guidance, it cannot replace the nuanced advice a legal professional can provide tailored to your specific situation. It would be advisable to consult an attorney to discuss your specific circumstances in detail.
Note: This article is intended for informational purposes and should not be construed as legal advice. Consult a qualified attorney for advice pertaining to your situation.