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Need legal advise re family matter

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1 Need legal advise re family matter on Wed Jan 21, 2015 12:04 am


Arresto Menor
Hi mga sir, I would like to ask for your expert legal advise regarding my family problem.

Meron po akong asawa and isang anak na 9 year old girl. Around 2 years na po kaming hiwalay ng wife ko. She left our house together with my daughter without my consent. Primary reason is due to individual differences , hindi po talaga kami magkasundo. And I think my wife has psychological incapacities which my relative can attest to. Even her own father kampi po sa akin and gusto niya pabalikin ang wife ko sa bahay namin.

When she left our house dinala niya po yung car na nakapangalan sa akin and its still in mortgage until 2019. Im paying it monthly for 9100 pesos plus the car insurance.

During the almost 2 years na magkahiwalay kami, very limited lang po yung time na nakita ko yung daughter ko. I kept on texting her but she changed her number, I keep on sending her email but she rarely replies. Kung gusto niya lang saka ko lang nakikita yung daughter ko.

I am paying the car which she brought with her monthly, and I have another car which is still in mortgage plus a loan that I used to pay for my house. Na deplete po yung savings ko. And kulang na yung mothly salary ko to cover my expenses and my debts which will all end until year 2019. Dahil po dito sa expenses na ito and yung kotse na nasa wife ko na binabayaran ko mothly, around 60k pesos lang ang total amount na nabigay ko sa kanya during the 1st year na magkahiwalay kami. On the 2nd year around 50k pesos din lang. hindi po documented ang pagbigay ko sa kanya ng pera.

Today, I met my wife and I was told that she will be filing an annulment and she is forcing me to sign a sort of agreement that I will be paying her around 230k pesos which includes her expenses, around 50k pesos for the downpayment for our house which she gave to me out of his pocket. And an agreement that she will be keeping the car which im paying monthly. And an agreement that she will let me see my daughter once a month if I give in to her demands.

Wala po ako means to pay her that amount since depleted na po savings ko and I have debts which im paying monthly. She threatened me that she has the best lawyer and will assure that I will end up in jail after she files a case against me. I asked her to give me a copy of the agreement so I can carefully review it. Pero hindi siya pumayag and when we separated ways she threatened me na hindi ko na makikita ang daughter ko.

I am not sure if she was bluffing me but I am not underestimating her, magaling siya magsalita and she can make stories against me. Sa akin naman, I have a clear conscience and I was civil and cooperative to her even she left our house. I have my relatives and her father to back me up.

Ano po ba pwede ko gawin since she threatened that she will file a case to me for lack of financial support and said i will not be able to see my daughter after i refused to sign right away the agreement that she prepared? Right now I can only offer to give her 5k monthly support since I am paying the car which she brought. And I can increase once I have paid all my debts. Hintayin ko na lang po ba yung wife ko mag file ng annulment and child support case against me? Yung pera na dapat binibigay ko sa daughter ko pero napupunta sa payment sa kotse na dinala niya hindi po ba pwede iconsider na financial help yun galling sa akin?

Saan po ba ako pwede magsimula para harapin ang problem na ito? Ang gusto ko sana ay magkaayos kami ng wife ko pero sa tingin ko decided na talaga siya. Ang habol ko na lang po is Makita ko ang daughter ko regularly. Ano po ba ang dapat kung gawin? Salamat po sa magbibigay ng advise. Pasensiya na po kung mahaba yung post ko and magulo. Thanks again

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2 Re: Need legal advise re family matter on Wed Jan 21, 2015 2:37 pm


Reclusion Perpetua
Just dump your wife. And ask the car company to repo the car she is using. Sa batas natin the spouse who shall leave their conjugal dwelling without valid reason will not be entitled for a support. Bakit mo susustentuhan ang asawa na iniwan ka na?

Second is the car is not a basic need and therefore your are not oblige to pay for that.

What you can do for now is continue supporting the child. document every cents you are giving to have a proof.

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3 Re: Need legal advise re family matter on Thu Jan 22, 2015 12:18 am


Arresto Menor
thank you concepab.

thank you as well to mam katrina and attorney ariel from this site which i received an email reply from them.

the car is really the one which is keeping me from giving consistent monthly support to my daughter.  its a company car loan, the payment is automatically deducted to my monthly salary.  what would you suggest to do so i can get the car (its under my name) from my wife and sell it and divert the money to my daughter?

also i was told by mam katrina to let my wife file the anulment and do not easily give in for unreasonable demands for money.  ano po ba dapat kung paghandaan ko once na file na ng wife ko yung anulment?

Thanks a lot.

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