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needanswer
Groupie
Joined: 13 May 2012 Online Status: Offline Posts: 90 |
![]() Topic: child support in brazil! help!!Posted: 03 August 2012 at 19:16 |
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can someone please help me.
I have just received the answer to a lawsuit that the mother of my son had against me. The result was that I have to pay 300% of the minimum wage in Brazil! She claimed to the judge that I make US$900 a week! This could not be further from the truth and I have my bank statements that prove it! In actual fact I made half that a week and now have been unemployed for the last 5 months! The mother of my son knew that I made no money and am now unemployed. No one from the court contacted me nor did anyone request my bank statements! I am freaking out here!. How did a judge come to a decision with no factual evidence of my wages? How can I prove to the court that I never made this much money in a week. I have my bank statement for the last year proving exactly what the employer paid me. I do not live in Brazil and there is no Brazilian Embassy in the country I reside in. Can someone please help me find a way to let the court know that what their decision is would cost me financial suicide 1. because I am unemployed and 2. that amount is minimum monthly wage in the country I reside in. I have been lucky that I sold everything I had from shoes, clothes, tv, computer everything in order to send her what I could afford each month even with no job. I am on the brink of suicide at this point. I have another child and pay for her as well and that order is for US$300 a month! How is it possible that no one even contacted me to tell me about a lawsuit action against me and to top it off she told the court I don't give her any money and I have receipts to prove i did send money! i am at a loss for words that she would lie to a court and to me. We even agreed on a specific affordable amount for my son to benefit from and i pay for his insurance as well. please someone help me. Guide me to an honest lawyer that will prove to the court my situation and contest it so that we can have an amicable agreement on what my child needs to survive and thrive, bearing in mind I have no job and minimum wage is poorly once I can secure a job. I'm begging for help, please someone help me. i don't want to lose a relationship with my two year old son and I don't want to lose my liberty. I trusted his mother was doing the right thing. She told me and our divorce lawyer told me that the lawsuit was suspended because we came to an amicable agreement for child support. I have been misled to say the least. Please, anyone if you know of an honest lawyer in or near Duque de Caxais, Rio de Janeiro |
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HiItsBrian
Senior Member
Joined: 22 June 2012 Location: Brazil Online Status: Offline Posts: 113 |
![]() Posted: 04 August 2012 at 09:26 |
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Do you have any reason to stay here in Brazil, other than this failed marriage and a child you can never see?
Leave the country. Disappear. Never come back. You are free. |
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needanswer
Groupie
Joined: 13 May 2012 Online Status: Offline Posts: 90 |
![]() Posted: 04 August 2012 at 09:32 |
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I could never abandon my child. He doesn't deserve it. I don't reside in Brazil. There must be a way to amicably resolve this without me committing suicide.
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nikkij12185
Senior Member
Joined: 10 March 2009 Location: Brazil Online Status: Offline Posts: 1725 |
![]() Posted: 04 August 2012 at 09:44 |
How is suicide not abandoning your child? Im sure you can handle this in court, and even if you couldn't, it seems like a better way to show you care for the kid would to be to send what you can, even if you don't see him, send cards, letters, presents, etc. keep the proof and explain what happened when he is older and goes off in search of who his mom claimed to be a deadbeat dad, than to just off yourself and never have the chance to explain to your son what happened. Suicide is always the worst possible outcome for all involved. |
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needanswer
Groupie
Joined: 13 May 2012 Online Status: Offline Posts: 90 |
![]() Posted: 04 August 2012 at 10:15 |
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I don't necessarily mean i will kill myself per say, I would be committing financial and emotional suicide by abandoning my child. Trust me I have thought about simply just send the mother money that I could afford and not having any contact with them. But it doesn't feel right as a child should know who their parents are.
I have tried to send gifts to her in Brazil from the country I reside in but it keeps coming back because of the requirements and it costs me triple the money to send it! I am in hell right now and see no light at the end of the tunnel unless someone is gracious enough to take on my case for free until I can afford to pay them back in soft payments. |
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GreatBallsoFire
Gringoes.com Guru
Joined: 27 October 2009 Online Status: Offline Posts: 2399 |
![]() Posted: 04 August 2012 at 12:58 |
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First,
You need to send month payments to the Mom's bank account. Pay monthly what you can. Second you need to find a family court lawyer in Rio to represent you. I have a German buddy who got a court order ruduced to a fraction of the original amount.
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Simia quam similis, turpissimus bestia nobis. Oi amigo, pode trazer a saideira?
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needanswer
Groupie
Joined: 13 May 2012 Online Status: Offline Posts: 90 |
![]() Posted: 04 August 2012 at 13:44 |
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at Espirit - I am responsible parent and your comment was not necessary. I am begging for my son's mother to allow me to see my child. I contribute emotionally and financially towards both of my beloved children... But with the mother of the child in Brazil my hands are tied as she is the one preventing the right course of action and continuously builds a brick wall for me to get through it only to encounter another.... but thank you kindly for your harsh thoughts/comment.... not all of us men are a$$holes
at GreatBallsoFire - i send her what I can afford every month and she agreed to it but she refuses to give me a bank account number so I have to send it via Western Union and I have all the receipts and messages confirming that the money is for child support. She won't stop the lawsuit for some reason and knows I have no job and committed perjury to the Judge in the family court as I make no where near what she told them and no one has requested for my bank statements to prove it. |
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man of leisure
Gringoes.com Guru
Joined: 22 January 2008 Location: Brazil Online Status: Offline Posts: 2974 |
![]() Posted: 04 August 2012 at 14:30 |
Not in Brazil; he fits the bill perfectly! |
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Labyras
Senior Member
Joined: 20 May 2012 Location: Netherlands Online Status: Offline Posts: 155 |
![]() Posted: 04 August 2012 at 18:41 |
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If the situation is like you tell us, it's very simple. Put all your cards on the table. Show them that you don't make this much money, show them that you had an agreement on payments and show them the receipts of all the money you sent her. No way they can make you pay an amount of money you can't even cough up...
I know someone who this happened to, luckily he's a doctor so he can afford it easily, but still, I feel for you man. |
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Squiddie
Senior Member
Joined: 27 June 2010 Online Status: Offline Posts: 1503 |
![]() Posted: 05 August 2012 at 00:53 |
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3 times minumum wage is R$ 1866 which currently is less than US$1000 per month, or US$12000 per year. Not cheap, but also not a death sentence, depending on what are you actually making? Sven said that there are limits, it can't usually be more than 30% of what you are making? With the assumption that you made US$900 per week, then this decree would represent 25% of your income. If you had been taxed under the law of many US states, you would pay much less.
Depending on how she lives, your ex can live a decent life just on this money. Mine had explained that many do it for a living (and mine never did that with me.) What is more concerning is that you have not been there when the time was when this amount was set. Why weren't you there? Why didn't you at least respond a written deposition to state the facts? Why did you increase your costs to nor revise the case instead of being there when it was first determined? Even representing yourself (not sure that is possible in Brazil) you'd have done better than just being a no-show. If you had no notice, then I wonder if a case can be made on due process. How come they can't reach you to send you a summons, but they can reach you to send you the decree? Edited by Squiddie - 05 August 2012 at 00:57 |
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