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legal advice about sustento

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1 legal advice about sustento on Thu Aug 19, 2010 11:21 pm

secondchance


Arresto Menor
hi there attys,

greetings!

i would like to tell you my story. i am father of a kid and married for more than 10years. me and my wife have drifted apart for 5 years already, i left them to seek a job one year ago but i haven't found any stable job so i could not send them enough money every month.

i have a current job with 6-8k salary / month, just started last month, i am not registered with BIR nor SSS, i don't have any records of my income but rest assured that my job is totally legal.

what are the cases my wife can charge me since i haven't send any money for a couple of months already? i haven't send because my wage isn't enough for my needs and expenses.... i know i am jerk and not so responsible father but i hope you will help me with my problem.

please help me Attorneyz. thank you so much.

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2 Re: legal advice about sustento on Fri Aug 20, 2010 2:07 am

zulfikarl


lawyer
Your wife can file a civil case for Support. There are no hard and fast rules here. The amount is entirely dependent on the capability of the one obliged to give and the need of the one entitled to receive it. If you can convince the Judge that your current earnings is so small that it is barely enough for your own basic needs, then you will not be compelled to give support. However, once your financial position improves, you will have to resume giving support.

The Judge is given a wide latitude to determine whether or not you are financially capable.

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3 Re: legal advice about sustento on Fri Aug 20, 2010 2:10 am

Endless


Arresto Menor
Probably a case will be filed against you is RA 9262 Violation Against Women and Children on the ground for Economic Abuse. Since you haven't given enough money to sustain your wife and children long enough.

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4 Re: legal advice about sustento on Sat Aug 21, 2010 8:51 pm

secondchance


Arresto Menor
appreciate talaga atty sa mga help niyo.....

i have plans of sending them money, its just that i don't have enough money at the moment.

they need to have hard evidences like information from BIR, right? they need to prove that i am working, otherwise, any case file against me will not prosper, am i right atty?

please help.....thanks again

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