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Husband's abandonment of his family

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1Husband's abandonment of his family Empty Husband's abandonment of his family Tue Aug 17, 2010 12:37 am

catleya


Arresto Menor

I am a public school teacher, married with 4 children ages 10, 8, 7 & 2 respectively. My husband is working as a seaman in an overseas ship. We have been married since 11 years now but during our married life, he constantly engage himself with prostitutes especially when he is going home for a few months break from work. We are living in Cebu City and usually upon his arrival in Manila, he is not informing me so that he could spend time with prostitutes and friends drinking alcoholic drinks. And when he thinks he is done in Manila, he would visit us in Cebu City and stay for few days and would just give me a left-over money which is not enough for my children’s needs. I am not receiving a monthly allotment from his employer’s agency, so, we just rely on his mercy how much he would hand over to us. And when after a few days of his staying with us , he would then be staying the rest of his vacation days at his parents’ house. We constantly quarrel because of his drinking activities with friends, talking and bragging about women, spending the money which is supposed to be for our children and moreover, he is not spending a quality time bonding with my children. There were months that I hadn’t received financial assistance from him so I sorted out to get indebted from a loan shark which resulted to have a little take-home salary this time. I am really in financial difficulty and emotional distress with my present situation which affects my work. Just imagine how I handle taking care of my four children alone with no househelp because I couldn’t afford to pay.
Recently, when he arrived last May of this year, he handed me money which is not enough for my children’s school obligations and requirements. The last time I received money from him was June which was ten thousand pesos. Last Saturday, 14th, I went to where he is staying (at his parents’ house, four hours travel away) and we met at the barangay captain’s office to ask for a financial assistance, but to no avail, I went back home with not even a single centavo from him. And I have known that he is living in with another woman at his parents’ house. He accused me of overspending with the little money he is giving just to justify himself.
May I ask for your legal advice, I am confused what to do. Thanks.

2Husband's abandonment of his family Empty Re: Husband's abandonment of his family Tue Aug 17, 2010 1:39 am

Endless

Endless
Arresto Menor

1. File a case against him under RA 9262 ( violence against women and children ) on the ground for economic abuse. So that your husband will be compelled to give support for you and for your children.

2. I don't know about this but you can ask the court the monthly allowances you needed for your children as well as for your needs.

3. About his being womanizer, Sexual infedility or perversion and habitual alcoholism not to mention if he inflicts physical violence, which i assumed that it will be the next scenario, this are grounds for Legal separations. you could file also a Legal Separation and what the best thing is that the custody and support of your children will be in favor of you... support won't be cut off and the custody of your children will be awarded to you.

What makes different is that in legal separation, you are not compelled to sleep together in the same bed or live together in one roof nor have sex with your husband and you can still use the surname of your husband. its like your still both married but live separately and his prohibited from marrying another person... again, the support for you and your children does not affect and will not affect even if the marriage is a legal separation.

3Husband's abandonment of his family Empty Re: Husband's abandonment of his family Tue Aug 17, 2010 1:28 pm

resjudicata


Arresto Mayor

It appears that there is an implied conspiracy between your husband and your in-laws by allowing him to cohabit with another woman in his parent's house.
This could be helpful:
1. Exhaust all available remedies to compel your husband to give you support before resorting to judicial intervention;
2. If this method fizzles out, then file a complaint against him for violation of VAWC before the family court in your area.
3. Gather all available evidence in case you want to sue him for concubinage which will include the concubine who is apparently enjoying the protection of your in-laws.

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