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child support

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1 child support on Sat Jul 04, 2015 12:13 am

jncs1211


Arresto Menor
When I was 17yo I got pregnant and gave birth(2010) to a baby boy. His dad has a pending petition for family migration to Canada that time. So his mom informed us not to have her son sign the birth certificate of my son. I agreed. He went to Canada a year after (2011) and continously supporting our son until last month. We've been in a long distance relationship for 4 years. There are times that he would asked me to have a sexual conversation thru skype. As partners, I gave in for our satisfaction. We got married through civil wedding last year when he went back here in the Philippines. Along the way he gets bored on our on cam conversation and he'd like to do something different this time. He wants me to have a sexual interaction with a girl while he is watching thru skype. I found it disrespectful on my part. So I said no, then right after that he got mad at me and start cursing me. Telling me that I'm useless and bored. I know as a wife I need to gratify his sexual needs considering we're on a long distance relationship. But this time his asking for too much. He told me that he will stop providing any financial support our child unless I will agree to what he wants. I felt that in some way, he is already harassing me. I asked him several times to stop what he is doing and just do his responsibility as a biological father of our son. I want to know, what are the things I could file against him if he will continue harassing me and will stop supporting for our son considering he is in Canada.Thanks a lot!

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2 Re: child support on Sun Jul 05, 2015 11:21 pm

Filia


Reclusion Perpetua
The least you can do is to ask for support (for you and your son) if time comes that you stop doing what he wants and he stops supporting you. You go to  court for that. Article 15 of the civil code provides that laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. But there is nothing you can do with regard to that harassing thing because that is criminal, and our criminal laws are territorial in nature. That is, it can be committed only within the territory of the  Philippines. Furthermore, it can be applied only to persons living in the Philippines. Since he is in Canada, a criminal case against him is not a good idea because you still have to wait for him to return to the Philippines.

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3 Re: child support on Mon Jul 06, 2015 5:22 pm

marlo


Reclusion Perpetua

RA9262 case in Phil..

the case to prosper is another question with regards to him as an already Canadian citizen?

Financial support is not based or prorated based on sexual satisfaction. You have the right to say NO, including sexual harrasment etc.

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4 Re: child support on Mon Jul 06, 2015 5:43 pm

mrs_scofield


Arresto Mayor
Since your husband is outside the jurisdiction of Philippine courts, one solution can be, file the Petition for Protection Order under RA 9262 upon his return in the Philippines and at the same time ask the court to issue a Hold Departure Order under Section 37 so that he cannot leave the country while the petition is being heard.

Section 36 of the IRR implements Section 37 of RA 9262.  Section 36 states that:

Hold Departure Order. – The counsel for the victim-survivor or applicant may request the court for a Hold Departure Order in the application or petition for protection order. The court shall expedite the process of issuance of a hold departure order in cases prosecuted under the Act.

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5 Re: child support on Thu Jul 09, 2015 10:36 am

jncs1211


Arresto Menor
Thank you so much po sa lahat ng advice Smile

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6 Re: child support on Thu Jul 09, 2015 10:46 am

jncs1211


Arresto Menor
I wanna know as well for financial support,if theres any amount he needs to provide for our son or it depends on my son's needs? For me naman po what are the support i can ask from him. thank u in advance ..

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7 Re: child support on Thu Jul 09, 2015 6:31 pm

marlo


Reclusion Perpetua
No exact computation afaik as it is based on the needs of the kid/s and the capacityto give of the provider ..

housing/shelter, food, education, clothing, transpo .medicines.. the basics.

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8 Re: child support on Fri Jul 10, 2015 8:09 am

jncs1211


Arresto Menor
When it comes to annulment? Ano po pwede kong gawin grounds dun? What if hindi po sya makipag cooperate, according to him i dont deserve freedom daw po.

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9 Re: child support on Fri Jul 10, 2015 12:11 pm

mrs_scofield


Arresto Mayor
You can use psychological incapacity (Art. 36 of the Family Code) as a ground. The annulment may be filed solely by the husband or the wife.  The case could still continue even your husband does not agree or even oppose the petition.

Read the Molina Doctrine, Republic of the Philippines vs Court of Appeals and Roridel Olaviano Molina G.R. No. 108763 (February 13, 1997) and the Kalaw case, Valerio E. Kalaw vs. Ma. Elena Fernandez (G.R. No. 166357, 14 January 2015)

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10 Re: child support on Sat Jul 11, 2015 9:54 am

mcmcreal


Arresto Menor
Good day po. 2005 po, noong ikinasal ako (civil), at same year ko din ipinanganak ang only child ko, I was 18 then. A year after, naghiwalay kami ng asawa ko dahil sa third party, at di po talaga kami nagkakaintindihan na.Simula noon, I accept the responsibility na buhayin ang anak namin and the thing I only knew way back then, ay nagsisimula pa lamang sya sa career nya. 1 yr 5 months pa lang ang anak ko ng iniwan ko sya sa parents ko at nagpunta ako ng Manila para maghanap buhay. Nag attempt ako makipag usap sa asawa ko asking for child support, at may mga ilang pagkakataon ( nabibilang lang po) din naman na nagpapadala sya through his sister. He's a licensed civil engineer. Last year po, I received an email from our RTC asking me to attend a hearing for annulment. Mali ko, I did not bother. Just yesterday, my sister in Leyte received a letter again from RTC stating daw a decision for the annulment. I understand, as I have read through forums, na cases such as can still push through kahit wala akong inaapela. Now the thing I'm worried about is the welfare of my son. Pede po ba ako maghabol ng child support? Nagpapadala lang sila ng 1,500 to 2,000 the most a month para sa anak ko. To add on that, kelangan pa po namin silang iremind, worse nag bebeg pa ang mga magulang ko for this monthly. My son is now 10 years old. I am the only person working sa family namin and at the same time making sure na kahit di man lahat ng needs ng anak ko ay ma meet pero kahit papano man lang. Ano po ang dapat kong gawin?

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11 Re: child support on Sun Jul 12, 2015 7:27 pm

concepab


Reclusion Perpetua
jncs1211 wrote:When it comes to annulment? Ano po pwede kong gawin grounds dun? What if hindi po sya makipag cooperate, according to him i dont deserve freedom daw po.

Just for additional info, hindi kailanga ng cooperation ng asawa mo sa pagpa-file ng annulment. In fact ipinagbabawal ng korte ang "pagsasabwatan" ng mag-asawa sa ganitong kaso.

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12 Re: child support on Mon Jul 13, 2015 10:14 am

jncs1211


Arresto Menor
Thanks po s advice.

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13 Re: child support on Mon Jul 13, 2015 2:41 pm

jncs1211


Arresto Menor
How much is the usual cost for annulment ??

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14 Re: child support on Mon Jul 13, 2015 6:53 pm

marlo


Reclusion Perpetua
depende sa makakausap at makukuha mong abogado.

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15 Re: child support Today at 10:15 am

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