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legal separation and support

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1 legal separation and support on Tue May 10, 2016 9:43 pm

bluman


Arresto Menor
I was married in 1996 with 20-yr old and 10-yr old children. We lived together on and off for the first 10yrs of marriage until my wife pawned our house, car and motorcycle without my knowledge. It was some time in 2012 when I let them live with my in laws. I support them the best that I can until I was diagnosed with a kidney disease aside from being a diabetic.

While we're separated, my wife worked abroad for a year and never supported me on my medical expenses while I continue to supporty children. Our children lived with my sister in law at that time until my wife came back and demanding more support. I have medicines to maintain costing 12k a month and I'm working with minimum pay of 9k a month. Though my daugther can start to work, she has no intent to help out particularly on my medical needs. A special friend of mine is helping me in some of my expenses. My sister in law is threatening me of an alleged relationship if I will not support my family.

Is there a ground for legal separation? I'm afraid that my wife will recourse to debts because I don't have enough to support them and the burden of paying it will still be on me. What are legal remedies with regards to support considering my health conditions and financial constraints. Currently, I support my youngest child with whatever I can give on a weekly basis.

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2 Re: legal separation and support on Wed May 11, 2016 1:08 pm

Atty.JB


Arresto Menor
Hi bluman!

Regarding your first query on whether or not there is a ground for legal separation, you MAY use unjustifiable abandonment for more than 1 year. However, proving abandonment will be very difficult and furthermore, being legally separated (assuming legal separation is granted) does not excuse a parent on his/her obligations to support the children. With respect to debts incurred by your wife, even if you are legally separated as long as those debts benefited the family in some way, you are still obliged to pay them.

As for your legal remedies with regard to support, please be advised that support is never absolute, but relative. Meaning, a person cannot be compelled to give support beyond what his capacity would permit.

And so, in the event your wife filed a case against you for support, you just have to prove that you have limited or no means to support your wife considering your health and financial restraints and the fact that you are already supporting your youngest child in any way you can per week.

I hope this answers your queries.

-Atty. JB

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3 Re: legal separation and support on Wed May 11, 2016 3:59 pm

bluman


Arresto Menor
Thanks for the advice. Is there a legal way for me to take the initiative to settle the support instead of waiting for my wife to file a case for support? My wife demands more despite explaining my financial status and health needs, and threatening me to go to my workplace and do anything to terminate me from work because I can't give all they want.

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4 Re: legal separation and support on Wed May 11, 2016 4:14 pm

lukekyle


Reclusion Perpetua
let her know that if you lose your job, she can't get support from you. The most you can do is send her a written proposal. Make sure you can fullfill what you propose

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5 Re: legal separation and support on Wed May 11, 2016 5:50 pm

bluman


Arresto Menor
lukekyle wrote:let her know that if you lose your job, she can't get support from you.  The most you can do is send her a written proposal.  Make sure you can fullfill what you propose

Thanks. She knows that and she would rather make my life miserable since I'm not giving all she demands from me. She don't even care of my illness and situation and she won't accept any proposal. Probably, if there is a court proceeding  that will tell her of what I can only give and she can't demand more than I can afford. Is there any court proceeding or a notice from a lawyer an option?

She is threatening me that she'll file a case against me and a friend (who somehow help me with my medical expenses) of an alleged affair. I don't think there is any case she can file against us, but what are the possibilities?

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6 Re: legal separation and support on Wed May 11, 2016 6:18 pm

Atty.JB


Arresto Menor
bluman wrote:Thanks. She knows that and she would rather make my life miserable since I'm not giving all she demands from me. She don't even care of my illness and situation and she won't accept any proposal. Probably, if there is a court proceeding  that will tell her of what I can only give and she can't demand more than I can afford. Is there any court proceeding or a notice from a lawyer an option?

She is threatening me that she'll file a case against me and a friend (who somehow help me with my medical expenses) of an alleged affair. I don't think there is any case she can file against us, but what are the possibilities?

Hi bluman!

Your wife would probably file a violation for acts defined under R.A. 9262 (Anti-Violence Against Women and Their Children). Some of the most common acts used to file a complaint under this law include: economic abuse (unjustifiable refusal to give support) and psychological abuse (acts or omissions which would tend to cause mental or emotional suffering).

Your wife might also file a case for violation of acts defined under R.A. 7610 (Child Abuse Law) using the same grounds as defined above.

Please be advised that you can defend yourself in these cases by proving that you have little or no means to give support to your wife given your financial and health conditions and the fact that you are already supporting your minor child of whatever means your capacity permits. As for the alleged relationship, you can state that your friend only wanted to help you given your condition.

Since your wife does not heed to your needs and explanation, the only proceeding to which you can prove yourself is when your wife filed the corresponding charges against you. In that proceeding, you will have an opportunity to defend and explain yourself to dismiss those charges.

Hope this answers your queries.

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7 Re: legal separation and support on Wed May 11, 2016 7:19 pm

bluman


Arresto Menor
Atty.JB wrote:

Since your wife does not heed to your needs and explanation, the only proceeding to which you can prove yourself is when your wife filed the corresponding charges against you. In that proceeding, you will have an opportunity to defend and explain yourself to dismiss those charges.

Hope this answers your queries.

Thanks, it helps a lot. Too bad that it seems that a husband can't file a case of psychological abuse against his wife and can only defend the husband's rights when a wife filed a case. Despite my support to my minor child, the demands and threats are causing me anxiety, adding to problem on financing my medical needs for maintenance.

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