More Pestering Questions from the Philippines

Despite being on sabbatical from working as a lawyer, I sometimes volunteer to give advice about German law via AllExperts. Some people think that they can approach a lawyer and are entitled to an answer to their questions. They are wrong.

One year ago, I wrote about a greedy child from the Philippines who wanted to sue and garnish his father’s ass off and even wanted to receive part of the estate before the father had even died. He had already annoyed me, not only because of the content and the wording of his questions, but because of having reminded me 3 or 4 times that I should please reply to his  questions soon – without him paying for it of course.

I think he is back:

“Moser,Which  has  the  priority in  Maintenance  Obligations ?  Is  it the  child  or  the new  wife?I  read  about  this  new Alimony Law  of  2008  that  said that the  child maintenance  support has  priority over  the  divorced  wife  and  even the new  wife.  The  maintenance claim  is  against  the  pension income of  the  father.  The maintenance  title  is  a  foreign  judgment  but  declared  enforceable in germany. It  seems there is  a  table  of  how  much  is  distrainable.

Has  the  new  Alimony  Law of  2008  affected  this  table ? Does  this  table  has  to  be  followed  or  applied  strictly  or  are  there  exceptions  to the  rule  because  of  the  emergence  of  the new Alimony  Law ?Does  this  include  foreign  maintenance  judgment where  the  amount  was  already  fixed ?

Now  my  question is:  who  gets  the  precedence  in  the  maintenance payment  or  entitlement  first,  is  it  the  child  or  the  wife ?  Please  elaborate  why  the  wife  or  child  or  why  not.

I  understand  the  father  is  entitled  to his  living  expenses  of  some  Euro 930. The  father’s  pension  is  some Euro 1,500,00. the  child’s maintenance  was  set  at some Euro 300,00.  The  father is saying  that  he  has  remarried and  claiming  support  for  a  new  wife.

There is  this  table  that  I don’t understand,  there is  a  column  “0”,  does  this mean  no dependents ?  In  this  case,  the  child  is  the  only  dependent  other  than  the  new  wife.  Where  does  the  child  belong  in this  table  and  how much  is  he  entitled  ?  If  you can  explain this,  would  be  grateful.

http://www.adf-inkasso.de/inkasso/pfaendungstabelle.htm

Thanks  in advance  for  your help.

Ben

I refused to answer the question because I thought it resembled the “greedy child” case too closely.

I received this response:

Moser,You  replied  but  you said:  you  cannot help” !  Give  me  a  REASON  why  you cannot  help with  my  question.  Are you  just  being  polite  or  just  unreasonable  and  stubborn ?

Now, here’s some free advice: If you want a service from a professional, calling him “unreasonable and stubborn” won’t help.

But this guy still did not stop pestering me:

Moser,For  God’s  sakes,  you  did  NOT  answer  my  question!  What  is  your  problem ?  Why  do  you  refuse  to  answer  this  question ?I  do  not  want  to  call  you  a  LIAR  but  if  you  can  show  proof  that  indeed  you have  answered  this  question  on  “Maintenanance payments  PRECEDENCE ” –  then,  YOU  WIN !!

Surprise announcement: I don’t need to prove anything, I don’t need to do anything, I don’t have any obligations towards you, just because you e-mail me. You e-mailing me does not establish a contractual relationship, as we lawyers would say.

Can you believe it? This guy still did not give up. I just received the 4th e-mail today:

Moser,You  have  not  my  first  question !   You  have  not  answered  either  the  2nd   and   3rd  follow-up !  WHY ?  At  least  give  me  a  REASON !

I hope he will find this blog, and his answer in it.

About Andreas Moser

You will most likely find me in the forest, next to the lake, reading a book. Just follow the cigar smoke!
This entry was posted in Family Law, German Law, Law and tagged , , . Bookmark the permalink.

27 Responses to More Pestering Questions from the Philippines

  1. John Erickson says:

    Gee, last time I checked, answering a blind inquiry through Email was a FAVOUR, not a REQUIREMENT! And how does your answering, or not, get into lying? This might not be the same greedy little child (and the former WAS a child in mind and maturity, if not in body), but this current wanker IS a very presumptive and rude little …. well, wanker.
    Suggestion for Ben: A bit less demand and a bit more “please”. Kindness works wonders for getting answers. Rudeness works wonders in getting whole boatloads of silence.
    And for you, Andreas, until a little more respect appears in his posts, silence is the kindest thing you can say to him. If you want a proper expletive-laden retort, I’ll be happy to dredge up my foulest inner-city Chicago street talk! :D

  2. Laszlo says:

    I think any reply to this person would only generate more unpleasant correspondence. I think the best you can do is to ignore this person and put into a better use the energy you would have used for giving Ben free advice. Obviously Ben has demonstrated that he is not worthy of your help. James Altucher’s blog has a nice post about how to deal with crappy people. http://www.jamesaltucher.com/2011/06/how-to-deal-with-crappy-people/

    • bnecio says:

      For the Information of Everybody here at ANDREAS MOSER’s BLOG :

      Moser is an UN-REASONABLE and presumptuous lawyer. Yes, he is stubborn, un-reasonable (as if he is not a lawyer) and always putting emphasis on himself and how to please and not how to answer people properly WITHOUT THE NEED OF REPEATING THEIR QUESTIONS SEVERAL TIMES!

      In my case, I asked him several times (4 times) but he always answered that he cannot help and does not even give the REASON AS TO WHY !

      I have nothing to do with the incident/example that he is referring to and even if I did, Moser has no business ignoring me several times (4 times). If Moser does not want to answer questions from the readers of the site or if he even appears to be “SELECTIVE” in choosing the persons he wants to reply to – THEN, MOSER HAS NO BUSINESS TO BE A VOLUNTEER EXPERT on the Allexperts site !

      And worst, what right MOSER HAS TO EVEN publish my Question on his Blog site WITHOUT MY PERMISSION??

      ANYBODY THERE ? Would you like your questions or the subjects that you need help to , to be publish at this site AGAINST YOUR WISHES or WITHOUT YOUR PERMISSION ?

      • Why should I obtain your permission if you “have nothing to do with the incident/example”?

      • John Erickson says:

        Well, Bnecio, there’s several major holes in your logic. First off, this is Andreas’ blog, NOT allexperts.com. He can answer, or refuse to answer, anything he wants – his house, his rules. Second, his blog is a public forum, and nowhere in your request (it IS you asking the greedy questions, no?) did you specify this needed to be kept private. Finally, “no comment” IS an answer – just not the answer YOU wanted. When you ask a question, if you’re not prepared for an answer you don’t like, that’s YOUR problem, not Andreas’.
        And if you wanted ANY kind of answer, calling him names is a sure fire way to get ignored. Then, for your grand finale, you rant against Andreas, telling him he needs a wife and kids, over a problem that YOU claimed you were unrelated to.
        Sorry, but your manners AND your logic stink. Go ahead and hate me for my reply – it’ll put you in a very large group of poorly educated, unintelligent, and opinionated people who have neither the facts nor the logic to support their arguments. I’ll stay in the elite group of Andreas, where manners should (and do) come first.
        By the by, if you’re such a fan of free advice, here’s some. Why don’t you get off your backside and earn your living? I did without sponging off my parents – so much so, that I moved myself and my family to another part of the States where I could live more cheaply, once my health problems cost me my career. Andreas has done so, as well, earning the reward of traveling to live in England and Malta. Try it yourself – you appreciate things more when you earn them, rather than just taking whatever you can grab without any effort.
        Have a nice life! :D

  3. bnecio says:

    TO; ANDREAS MOSER

    Are you always this un-reasonable and presumptuous ? I pity the child that you labelled greedy.

    If there is a LAW that provides the garnishing of the child’s father’s ass or if there is a LAW that gives possibility of asking or garnishing the father’s inheritance before he dies, WHY THE HELL NOT ??

    Moser, have you heard of “deadbeat” dads? Moser, do not forget to take note that “garnishment” is forced by LAW probably because this asshole of a father REFUSE TO FACE UP TO HIS OBLIGATIONS !! Have you not even consider this Moser ? If the father faced-up his obligations voluntarily like a good and responsible father, – then, the LAW would not be applying the principle of “GARNISHMENT” , is it not ?

    The LAW, just in case you forgot to analyze Moser, is A CONSENSUS OF MANY MINDS, (it is not the opinion of just one Andreas Moser), THE LAW WENT TO A RIGID DELIBERATION OF MANY MINDS OF THE LAWMAKERS BEFORE IT IS FINALLY APPROVED OR DECLARED TO BECOME A LAW. The point here is that, if it is the LAW, then, it must be right and humane and proper and equitable for all the persons concerned !!

    Moser, you need to grow up and have a wife and kids so you will REALLY KNOW what are the responsibilities of a father to his child. Support is the most sacred obligations of all and if you even dare to ignore that, then, you are an asshole of a father !

  4. bnecio says:

    To : John Erickson,

    I asked Moser the SAME QUESTION four (4) times and he replied that he already answered the question when HE HAS NOT ! So, I called him a “LIAR” !! I don’t have to convince or beg Moser to answer my question because his mind is already SET and CLOSED on not answering my question.

  5. bnecio says:

    To: MOSER

    You have to be truthful to the TITLE OF this particular Blog. How can you call it a “pestering” question when in the very first place, YOU HAVE NOT ANSWERED THE QUESTION AT ALL ?

  6. bnecio says:

    To: Lazslo

    AGAIN, several times, Moser IGNORED my question. It is not right and not proper for Moser to IGNORE a questioner several times for no apparent reason! Moser is NOT worthy to be a supposed “expert” at the site because he is SELECTIVE and DISCRIMINATORY on who are the persons that he replies to !!

    • You bet I am selective. It’s MY time.

      • ben says:

        Andreas Moser says:
        11 January 2012 at 14:15
        Why should I obtain your permission if you “have nothing to do with the incident/example”?

        Well, Mr. Moser, my question is intended for Allexperts. Why the hell are you publishing that here in your Blog ?

        You have NO PERMISSION from me in publishing that here so, please REMOVE IT !!

        Ben

  7. Hillary says:

    Wow, this guy is an insane person.

    • John Erickson says:

      Bravo, Hillary! You officially win today’s “Eloquent and Succinct” Award! :D

    • ben says:

      John Erickson,

      You do NOT know how to analyze the situation ! You talk too much for a man and You are talking WITHOUT SENSE !

      Andreas Moser specifically REQUESTED at Allexperts that Questions should NOT be kept PRIVATE so other readers can read it and gain knowledge from it! Because you John Erickson have such a SMALL MIND, this is what happened:

      I originally asked the questions (at least 4 times) NICELY, at Allexperts….. yet, your favored friend , Andreas Moser, REPEATEDLY IGNORED MY QUESTION because according to him it resembled the question of the child that Moser ignorantly labelled: greedy !!

      The problem with Moser is that he is taking the questions from the Readers just way too PERSONALLY !! He could have just answered the questions as to what is DICTATED or provided by LAW (after all, he is a LAWYER and NOT a Church Minister ), and Moser has no business taking the questions personally and wrongfully judging the Questioner : greedy , basing on his own opinion alone !

      Again, for CLARITY, the Questioner was just asking a question on what are the possibilities under the Law.

      Moser does not have to take it personally against the Questioner and LABEL HIM NAMES ! Moser is not there to give judgment to the MORALITY of the Questioner but Moser is just there to give his ADVICE according to what is provided by Law as per his knowledge of the LAW!

      Moser, do not over-extend your being a Lawyer to being a Moral Adviser at the same time !

      • I don’t take your question personally, I just don’t like insults.
        Also, it is still my personal decision what to do with my time and which question to accept and which not. I prefer not to answer yours.

      • Gee, the guy who posts 3-5 answers at a time says I talk too much! Much less not having a clue about logic REALLY means. And Andreas takes the questions too personally? He’s not yelling at people to shut up!
        I’ll re-iterate my earlier reply. Go grow up and spend some time trying to deal politely with people. Or, if you insist on staying with your current rude, childish personality, then go shop your hollow-headed protests elsewhere. Though I guess “SHUT UP!” is the most intricately thought out response of which you are capable.
        By the way, Andreas, seems your move has affected the temperature of your blog – seems the nuts are still dropping from the trees, even though it’s winter in the northern hemisphere! :D

  8. Hey! I just wanted to let you know that nominated you for the versatile blogger award. I enjoy reading your blog. Your tone and writing style always delight me, and it’s always good to know that someone else has realized just how incompetent half of society really is. Thanks again for being such and interesting blogger!

  9. Hey bnecio, I can answer your questions at
    http://wwymjcd.wordpress.com
    You will just need to provide details of your paypal account.

  10. ben says:

    John Erickson,

    Saying “please” or expressing “kindness” does NOT WORK for Moser. He is as stubborn as a bull.

    And please, stop using the word “logic” because you are not even close to being “logical”.

    SHUT UP ! My answers are for Moser, NOT for YOU !

    To: Hillary

    May I ask who are you referring to as an “insane guy” ??

  11. ben says:

    Moser said : “of having reminded me 3 or 4 times that I should please reply to his questions soon – without him paying for it of course.”

    TO: MOSER

    Moser , if you want to get paid for your answers or legal advice, go to justanswer.com

    Meanwhile, as you volunteered to be an expert at a free site, then, STOP brandishing about “without payment of course ” !

    • I volunteer to answer questions when I think they are sensible questions from sensible clients. Neither you nor your question is.
      I would expect payment from you as a form of damages for pain and suffering if I took you on as a client.

  12. Rich Batsbak says:

    Ej Ben! Kende gij dan godverdomme nit zijn dat Moser niet met je praten wel, verrekte koekwaus! En als ie dat wel doed, moete BETALEN, mongol! En nou wegweze, terug naar oe eigen land! Domme Kut!

  13. von07 says:

    Hi Andreas,

    You have answered one of my questions before which was that I can apply for a German citizenship (A child born on 1984 in the Philippines – out of wedlock – never been to Germany – had paternity from Father – Father is German citizen – I am Filipino and German by blood).

    Now, I have another question. Can you please explain this Law, how can I still be eligible for a German Passport. It this it was it says..

    I have seen this :
    source: http://www.ehow.com/how_4548142_obtaining-german-citizenship.html

    Obtaining a German Citizenship – Instructions
    1
    Determine your eligibility. German law has changed considerably over the years. For those born before January 1, 1975, citizenship depends on parentage. If your parents were both German citizens and they were married at the time of your birth, then you are automatically a German citizen, even if you do not live in the country. If your parents were not married, you are still a citizen as long as your father was a German citizen.

    2
    Know that a slightly different law applies if you were born on or after January 1, 1975. If your parents were married, the law is the same. However, if your parents were not married, you obtain citizenship only if your mother was a German citizen. If you were born out of wedlock on or after January 1, 1993, you are a German citizen if either of your parents were German citizens.

    3
    Show that at least one of your parents was a legal resident of Germany for at least 8 years before your birth if you were born after December 31, 1999, and neither of your parents were German citizens. To meet the requirements of this law, you must prove that you were born in Germany.

    4
    Do not do anything that causes you to lose that citizenship if you obtain German citizenship automatically. If you hold dual citizenship in another country, you lose your German citizenship if you volunteer for the armed forces of the other country. You also lose your right to German citizenship if you volunteer for naturalization in another country.

    Thanks a lot!

  14. Pingback: Pushy person poses paradox | The Happy Hermit

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