i HAVE FILED A CASE OF VIOLATION OF RA9262 TO MY HUSBAND FOR FAILURE TO GIVE CHILD SUPPORT LAST JULY 2012.HE DID NOT GIVE ANYTHING FOR OUR SON FOR ALMOST 15 MONTHS.
HE FILED A CIVIL CASE OF ANNULMENT RE:SEVERAL IRRESPONSIBILITY AND IMMATURITY AND I HAVE ANSWERED HIM TO COUNTER CHARGE PSYCHOLOGICAL INCAPACITY RE:NOT FULFILLING MARITAL OBLIGATIONS.THERE IS NO REPORT OF COLUSSION YET.BUT PRIOR TO THAT I FILED A CASE OF RA9262 DOMESTIC VIOLENCE AGAINST HIM.HE COUNTERACT THAT BY ANNULING MY MARRIAGE WITH HIM.
NOW THE QUESTION IS,HE WANT TO WAIVE HIS PARENTAL RIGHTS OVER OUR SON.IN ORDER FOR HIM NOT TO SUPPORT.HE ALSO WANT TO WAIVE HIS CUSTODY.HE TOLD THE PROSECUTOR THAT HE DOESNT WANT TO SUPPORT AND HE CAN ONLY SUPPORT IF I WILL AGREE THAT THE JOINT ACCOUNT(MY OWN MONEY) WILL BE USED AS HIS SETTLEMENT OF THIS DISPUTE.FURTHERMORE HE TOLD THAT THE DONT HAVE ANY MONEY AND HE IS JUST DEPENDENT TO HIS MOTHER.
MY HUSBAND IS AN EX-OFW, A NURSE WHO PREVIOUSLY WORKED IN LONDON AND SINGAPORE.THEIR FAMILY OWNS A FURNITURE FACTORY AND MOST OF HIS SIBLING HAS A GOOD WORK.
EVEN IF THIS IS THEIR ECONOMIC CATEGORY HE DOESNT WANT TO SUPPORT HIS OWN SON,HE WANT TO ISSUE A WAIVER TO REMOVE HIS PARENTERAL RIGHTS AND CUSTODY BUT HE WANTS A WEEKLY VISITATION.
MY QUESTION:
IS IT LAWFUL FOR THE PROSECUTOR TO PROCEED MY CASE TO THE JUDGE?
IF THE RESPONDENT IS CURRENTLY ADMITTING HE IS JOBLESS?HE DONT WANT TO WORK.
WILL MY CASED I FILED BE DISMISSED BECAUSE HE CLAIMED RES JUDICATA IN MY PART WHEREIN THE FIRST CASE WAS DISMISSED RA9262 DOMESTIC VIOLENCE DUE TO LACK OF EVIDENCE AND NOW RA9262 FAILURE TO GIVE CHILD SUPPORT?
WILL THERE BE A PREJUDICIAL QUESTION IF THE CASE IS PENDING ANNULMENT RE:CUSTODY CASE.
WILL THERE BE A FORUM SHOPPING IF I HAVE FILED THE CASE IN MY TOWN RATHER THAN HIS TOWN?
THE MERE ACCUSATIONS HE FORETOLD ABOUT PERJURY IN THE INVESTIGATIVE DATA FORM IN THE COMPLAINT AFFIDAVIT WILL I BE LIABLE?
I NEED AN HONEST AND LAWFUL ADVICE.THANKS.