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Fund held in trust be ex husband's employer

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1 Fund held in trust be ex husband's employer on Tue Jan 18, 2011 4:40 pm


Arresto Menor
Dear Atty,

I would like to seek for your advice as this concern has been my problems for years already.

To give you a brief background, details are as follows:

I filled an abandonment case against my ex husband in January of 2007. Case went on for almost 3 and a half years as my ex was contesting on my support request for our two children.

During the hearing process, the judge issued a court order stating that my ex husband was supposed to give every 5th of the month 10k and to my ex husband's employer (which I also sued as part of my case), to witheld in trust 50% of all his bonuses for the children.

Unfortunately, when the final court order was already to be issued, my ex husband filed that the judge be inhibited because they claimed that the judge is biased and taking my side. Thus, the case was re raffled and another judge took over.

My lawyer then suffered a severe sickness and was not able anymore to attend the hearings and me, being not informed was not able to do so as well.

So the case was dismissed.

I was informed by my ex husband to go to his office to claim the fund as he has been continuously being deducted the 59% from all his bonuses.

When I went to the Employer, their Legal did not honor the signed letter of my ex huxband authorizing them to release the money to me. As they say, they need another court order that will instruct the release of the fund.

I went to the Court that handled our Case, unfortunately, all the documents were damaged during the Ondoy flooding and the judge said that a reconstitution is necessary.

I cannot anymore afford going through the whole process again and that is actually the reason why I'm claiming the fund.... I need it financially.

My ex husband's employer, a big telecom company, refused to acknowledge a certification that was given by the court that a reconstitution is necessary because of the ondoy incident.

I wrote several letters to the Head of their Legal department appealing for humanitarian reasons that the money be released for my children's education, my eldest is in college and the other one is in 2nd year High

Inspite of all the appeal letters, my request fell on deaf ears and the employer is still very firm that a court order is necessary to release it.

Even with the written consent of my ex husband that the money be released, his employer still holds the money in trust and is yet to release to me in behalf of my children.

I would like to seek for your advice on what I can still do with minimal expense as I have already spent more that 300 thousand for the 3 and a half years that ended up in nothing at all.

Thank you so much and I really hope that I can be given the assistance on this matter.

Very truly yours,
Marivic Santiago

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