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child support and adultery

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1 child support and adultery on Sat Nov 27, 2010 6:36 pm

distressed


Arresto Menor
hi,
i would like to seek advise for my friend's situation. he's been married to a girl for about 8 years now, 7 years of which, they have been separated (as per agreement between themselves), though they have 1 child. My friend has a new family now with 1 child. Due to threats from the wife (to cause disturbance with his current family), sometime in 2008, he was forced to leave his parents' home where his family (wife&child) were residing since they got married, though continued financial support for the child (and even the girl since she was living in their family home). The girl decided to leave by her own will by early 2008 and took the child with her, to live with her parents. April of this year,the girl has filed for an R.A. 9262 compliant against him, also demanding for support, though support is already being given (supplies,education,etc). Since September, the girl decided to restrict custody from the father with no just cause. It's very apparent that they wanted "COLD CASH" and really not "SUPPORT" for the child. According to sources, they're also planning to file for bigamy which is kind of dumb since the guy didn't have a 2nd marriage. In line with this, we also have proof that the woman has not been fit to be a wife and a mother, together with witnesses to her acts (chooses not to work for her family,hasn't taken care of her child and husband during the duration of their companionship,whenever she had work--would only sustain her personal needs and not help out in family/marital expenses). Also, she has had several boyfriends during the duration of all this, and even now, she has a new boyfriend. The guy has just been served with a "RESOLUTION" since he came late to the last supposed meeting/hearing. My friend is in a very tight spot.. incapable of hiring a lawyer due to high fees, so we're hoping to seek help and advice here.

Thanks!

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2 Re: child support and adultery on Sun Nov 28, 2010 6:49 am

attyLLL


moderator
and the resolution states that there is probable cause to hold him liable for violation of ra 9262? did he even file a counter affidavit?

before anything else, i recommend that he files bail so that the warrant of arrest can be lifted. the public attorney's office can be his lawyer.

the only issue in the case is whether he committed economic abuse. while it has not been stated by the supreme court, my reading of ra 9262 shows that some of the elements that have to be proven are:

1) there was deprivation or threat of deprivation of support
2) the intention was to control the acts of the woman and/or her children

his focus now should be dealing with the court case. the mother being unfit is immaterial unless he plans to file a separate case for custody or enforcement of his visitation rights. good luck.


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3 Re: child support and adultery on Sun Nov 28, 2010 9:08 am

distressed


Arresto Menor
thanks for your quick response. i believe he hasn't filed a counter affidavit yet. what should be stated in the affidavit? also, is he able to contest the option of being able to personally make sure that all of the child's needs (who is now 8 years old) are attended to whenever needed (i.e; tuition, supplies, etc...) esp that the mother has been having an affair and leaving the support money with her leaves room for negligence and misuse of the supposed support meant for the child... and also, how does it work for child support... is it supposed to be cut between the 2 parents because we deem it unfair if all expenses will be thrown upon just one party, esp if it would be the husband (considering too that he has chosen to start a new family of his own).

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4 Re: child support and adultery on Mon Nov 29, 2010 11:43 am

attyLLL


moderator
if there is already a resolution, it is already too late to file a counter affidavit. it means he did not take advantage of his opportunity to present his side.

he really should file bail else the warrant of arrest, if there is one, will remain outstanding. good luck.


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5 Re: child support and adultery on Mon Nov 29, 2010 2:18 pm

distressed


Arresto Menor
i believe a warrant has not yet been served. will that be automatically come next after a resolution has been sent? cant he file a motion for reconsideration for the meantime? if so, what should that state? do you have any idea how much bail usually is for such a case?

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6 Re: child support and adultery on Mon Nov 29, 2010 2:32 pm

attyLLL


moderator
he can file a motion for reconsideration. the basic contents are to highlight the questionable portions of the resolution and point out the facts and law which will support a contrary opinion. i'm afraid i don't have a reference for how much is bail for 9262. good luck.


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7 Re: child support and adultery Today at 10:10 pm

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