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Free Legal Advice Philippines » FREE LEGAL ADVICE » FAMILY AND MARRIAGE » child support case

child support case

2 posters

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1child support case Empty child support case Tue Nov 02, 2010 4:42 pm

ashgerwin


Arresto Menor

Hi,

My ex wife said she is going to file a case against me for not giving any financial child support to our two kids. If I don't have work and don't have any source of income, can the case against me prosper? Thank you.

2child support case Empty Re: child support case Tue Nov 02, 2010 6:03 pm

attyLLL


moderator

this matter has not been settled. i see that most defendants in vawc use this defense. some work, some don't depending on the appreciation of the prosecutor handling the case.

https://www.facebook.com/BPOEmployeeAdvocate/

3child support case Empty Re: child support case Tue Nov 02, 2010 6:07 pm

ashgerwin


Arresto Menor

What if the reason why I lose my job is because of the wife? Like she did not renew my visa to work here in the Philippines? Do you think the prosecutor's office will appreciate it?

4child support case Empty Re: child support case Tue Nov 02, 2010 6:19 pm

attyLLL


moderator

are you a foreign national?

https://www.facebook.com/BPOEmployeeAdvocate/

5child support case Empty Re: child support case Tue Nov 02, 2010 6:21 pm

ashgerwin


Arresto Menor

yes and im on tourist visa now cos she did not renew the spouse visa so i cannot work...

6child support case Empty Re: child support case Tue Nov 02, 2010 6:24 pm

ashgerwin


Arresto Menor

also, my two kids are not FIlipinos. can the philippine law apply to them?

7child support case Empty Re: child support case Tue Nov 02, 2010 6:32 pm

attyLLL


moderator

yes, the philippine law can apply to them. if their mother was filipino, then they are filipinos also. (and even if they are not).

i'm afraid i cannot foresee how the prosecutor will appreciate your defense. you will have to show that you have no property to support them with, not just no constant income.

https://www.facebook.com/BPOEmployeeAdvocate/

8child support case Empty Re: child support case Tue Nov 02, 2010 6:37 pm

ashgerwin


Arresto Menor

what if i was able to prove that i really dont have the means to support them? what will happen?

9child support case Empty Re: child support case Tue Nov 02, 2010 9:01 pm

attyLLL


moderator

then you should not be charged. it is not mere failure but the deprivation of support which is the crime under RA 9262:

(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support;

https://www.facebook.com/BPOEmployeeAdvocate/

10child support case Empty Re: child support case Thu Nov 04, 2010 12:08 pm

ashgerwin


Arresto Menor

ok thanks..

what if my ex wife decided to renew my visa and i can continue with my work. how much should i give to my two kids if im only earning 13 - 15thousand a month? ex wife is asking 50% and i think it's too much.. is there a philippine law stating how much or how many percent the financial child support is?

11child support case Empty Re: child support case Thu Nov 04, 2010 9:27 pm

attyLLL


moderator

the general rule is that spouses will contribute in proportion to their income. no specific formula.

https://www.facebook.com/BPOEmployeeAdvocate/

12child support case Empty Re: child support case Fri Nov 05, 2010 11:46 am

ashgerwin


Arresto Menor

my wife decided to have a business but she put it under her maiden name because she said she don't want it to be a conjugal property. I am really not after my share on her business. i don't even care about her business. i just want her to demand lesser since she is also earning through her business. is that right?

13child support case Empty Re: child support case Fri Nov 05, 2010 10:58 pm

ashgerwin


Arresto Menor

What did you say???

14child support case Empty Re: child support case Fri Nov 05, 2010 11:02 pm

attyLLL


moderator

again, it should be in proportion to your incomes, if she is earning more then she should be contributing more.

https://www.facebook.com/BPOEmployeeAdvocate/

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