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Seaman. Ex husband. Child support

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1 Seaman. Ex husband. Child support on Sun Mar 31, 2013 9:45 am

kristeta10


Arresto Menor
Hi sir, good day. I just want to ask for advice. My brother is a seafarer. He was married for 10 years. But he got his marriage annulled when he found out that his ex wife wasn't able to save his hard earned money and worse he found out she is having an affair. They have 2 kids. Their marriage was annulled last year.

My brother gives child support every month when he is onboard and working. But if he comes home, he doesn't give support since he doesn't have a source of income here in the Philippines.

Now the ex wife is threatening that she will file a case against my brother for not giving financial support for 4 months since he doesnt have a job since dec.. but his ex wife said " dapat gumawa siya ng way para makapagbigay sa anak niya or else I will file a case"

I just want to know if that is possible? Can my brother be liable by law and obliged to give support even if he doesn't have ways and means for support? What can we do if ever she pursued the case?

Ty so much.

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2 Re: Seaman. Ex husband. Child support on Sun Mar 31, 2013 3:38 pm

jd888


moderator
One of the obligations of the parents toward their children is the obligation to provide support (Article 195, Family Code of the Philippines). Being specifically mandated by law, this obligation shall be complied with even if the parents concerned already have their own separate lives. The provision for support shall comprise everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation in keeping with the financial capacity of the family. The education of the person entitled to be supported shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from the school or to and from the place of work (Article 194, Family Code of the Philippines).

Undoubtedly, the child/ren is/are entitled to receive support from their father, even if the Seafarer is on Vacation.

There is such thing as Leave Pay, Subsistence Allowance and Standby Pay during period of unemployment and waiting for new contract.

The Point being is, it does not necessarily follow that if the Seafarer is not under contract and not currently employed onboard seagoing vessel, he should stop providing for his children, this is actually a poor excuse.

Yet, it can be argued if the Seafarer has already been terminated or dismissed and can no longer render service on Merchant Vessels.

Please tell your brother to give support as long as he could or depending on the budgeting he has.


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3 Re: Seaman. Ex husband. Child support on Mon Apr 01, 2013 10:09 am

kristeta10


Arresto Menor
Thanks @jd888 . Just to clarify things, My brother is not running away from his obligation to my niece and nephew. If he in working he gives what is due to the kids. It's just that he doesn't have means of supporting at this time.

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4 Re: Seaman. Ex husband. Child support on Wed Apr 03, 2013 8:45 pm

attyLLL


moderator
i'm surprised that the issue of support was not settled in the annulment court.


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5 Re: Seaman. Ex husband. Child support on Fri Apr 05, 2013 8:41 pm

kurtdiesel


Arresto Menor
@jd888 dependi po sa company yong iba walang ganito na sinasabi mo:

There is such thing as Leave Pay, Subsistence Allowance and Standby Pay during period of unemployment and waiting for new contract.

maswerti ka kapag yong company nag ooffer ng ganyan habang bakasyon ka yong iba nga nangungutang mismo sa company binibigay nila 3days before ang flight.

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6 Re: Seaman. Ex husband. Child support on Fri Apr 05, 2013 9:51 pm

jd888


moderator
There are 9001 ISO Quality Companies that has lived up to the standards of ILO and ITF.

Why not try your luck to some companies?

Yes, you may be loyal... But if they are not interested with you anymore, do you think they will still be loyal to you?

If you are Seafaring Professional, you are supposed to be GOAL ORIENTED and not just stay put in a company that doesn't give you the rightful benefits.

Why others have, why yours don't?

There is something wrong.

Grass is always greener on the other side.


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Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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7 Re: Seaman. Ex husband. Child support on Sun Apr 07, 2013 7:04 pm

kurtdiesel


Arresto Menor
German my ari ng barko ko....pg officials lg meron nyn....

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8 Re: Seaman. Ex husband. Child support on Mon Jun 10, 2013 7:12 pm

joan of arc


Arresto Menor
jd888,

All ur statements are well said.Ur right seafarer's have personal choices but they should also be wise enough to know the difference in terms of benefits. And Its not an excuse for a seaman to stop his support to his family during his vacation even no means of income because they have onboard pays & allowances. they also have less expenses onboard since everything they have from food to accomodation is free.expected they have saved enough when contract completed & get back to Phils.

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