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Pending Annulment Case used as an excused to Child Support

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Arresto Menor
Dearest Atty,
Good day to you.I am a victim of a domestic violence Neutral ,I filed a case of RA9262 before re:Psychological and Emotional Violence to my husband.As an defense he filed a case of annulment due to psychological incapacity to me.We have a child,two years of age,a boy.He havent supported him ever since.We are an OFW, both nurses and we have joint account that comes from my salary.All his money is only for him and he never ever give even single cent for me.I have a daughter from the previous relationship.Now we are both in the Philippines.Even if we are here My husband doesn't allow me even just to take a glimped on my daughter from previous relationship and even support my family.He uses my money which I save from working abroad and keeps me hungry that makes me sick and almost die in his family's side.He even get my baby boy and prohibit me to take the custody during that time.
Luckily somebody helped me Very Happy in Media and get the custody over that child prior to filing of Habeas Corpus.
But The case of RA9262 that I have filed before was dismissed due to lack of evidence even if I have a lot of evidences.
Now I am filing for RA9262 re:Failure to give child support.In his counter affidavit he told the prosecutor that this is res judicata furthermore,litis pendentia.He also told that I commit perjury for signing the investigative data.He further assumes a lot of forum shopping due to the fact that I filed the case in my province.The annulment case is not moving due to report of no collusion,I attended that many times but most of the fiscals doesnt want to report due to the dismissed case of RA9262.
Their barangay as well as DSWD mistreated me a lot as well as their prosecutors.My attorney in the annulment case doesnt want to talk about it anymore.Feels very sorry for me.
Now that I am fighting for my childs right,I want to ask,
Can a pending annulment case may be used as an excused to give child support for almost one and a half year?
Can a litis pendentia of annulment case can be a sufficient proof or grounds of irresponsibility and neglect to a legal child?
Will there be res judicata if the previous case filed RA9262 re:Domestic Violence -dismissed and RA9262 Failure to provide child support filed by PNP happened 15 months ago.His counteraffidavit is very misleading...Please help.Thanks alot...

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Reclusion Perpetua
Pending annulment case cannot be used as an excuse to avoid child support. Punta ka sa T3 kapag di mabahag buntot sa katarantaduhan yang Asawa mu!

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Arresto Menor
Salamat sa reply.The fiscal found a probable cause re:failure to provide child support.Binigay sa akin ang joint account namin and the sole custody without support.Maawain pa ako kahit papaano the fiscal was very angry to the respondent gusto niya isubmit ang case pero binigyan ko pa siya ng chance.Naghabol pa siya ng visitation pumayag naman ako.Ako na lang ang bubuhay sa bata basta sa akin ang sole custody.Mabuti na yun.Pero if i abuse niya pa ang anak ko during his visitation dun ko siya lagot sa batas.Basta child support at child abuse ang kaso pabor ang batas ng Pilipinas.Salamat sa batas at pumanig sila sa kapakanan ng bata....

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