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Is RA 9262 also applicable even if accused already resides in the U.S.?

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marita0106


Arresto Menor

May I please ask if it would still be possible to file for RA 9262 case against my ex-husband for not supporting my children in terms of financial needs specifically school expenses such as tuition fees, books and other daily needs.

We have been annulled in September of 2007. He persuaded me into filing the annulment so that he can get married to his girlfriend who is a balikbayan residing in New Jersey. And that he said, he'd be able to send his monthly financial support for my kids since he's getting a job in the U.S. thru the help of his girlfriend. He was able to convince me to file the annulment on the promise that all expenses for the case shall be shouldered by the girlfriend and that he'll be supporting my kids monthly. True enough, the annulment went on, without me and him spending a single centavo and got the Court's Decision in Sept 2007.

Up to this point, he has not sent anything to support my kids' education, although he has had some presents given to them when he travels back to the Philippines, it still does not fall under the promise of sustaining my kids' education.

To date, it has been solely my immigrant mother who's been supporting me with my kids' education. My mother is not getting any younger, and my kids' needs and expenses are getting bigger as they are growing up.

Please give me advise... will I be able to file the case "RA 9262" against the father of my children or how will I be able to get legal support for my children?

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