We went to court early 2010 and the father of my child was asked to pay the amount of P350.00 per month via my bank, Ever since our court day he deposited only one payment and stopped sending money till my account was closed because I was not working and therefore unable to keep it active.
He would then after long breaks give to my sisters the little that he could manage.
My problem is, I have lost my record of how he was paying back then; what I remember is that, last year I received only one payment from him and since then he never assisted with the child’s welfare.
I have now gone back and filed the case again for him to pay via court, not to give the money by hand because it was giving me a hard time.
Often I had to go on my knees for him to give out the money the court ordered him to pay, and he would comply after calling me all sorts of names.
So my worry is, will the court listen to me when I don’t have a record of his previous payments?
I have people who are my witnesses, who stay with the child, whom he sometimes gave the money to, even though they did not keep a record of how he was paying.
It’s good that you have filed the case again, for him to pay via court and not give the money by hand.
You don’t need to worry that the court may not listen to you just because you have no record of the child maintenance money that your child’s father has paid so far.
The court will look at the facts put before them and make a ruling in the best interests of the child, based on what the law says.
Just tell the truth when you get there and give as much information about the matter as you can, including why your bank account had to be closed, resulting in him giving out the payment by hand once in a long while.
If there’s any need to call your witnesses as to how, when, where and to whom he gave what amount as maintenance for the child, the court will do so.
If he has any information contrary to what you’re saying about the payments, the onus will be upon him to produce proof to that effect.
Whatever the situation, keep your head up, be bold and focus on doing what is right for your child.
At least this way, he will start paying through the court and there will be a record.
Also, you will no longer be subjected to the humiliation of having to go down on your knees to beg him for the child maintenance money, and being insulted by him in the process.