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Thinking About Going Solo

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1 Thinking About Going Solo on Thu May 10, 2018 11:12 am

noobz


Arresto Menor
I am not very happy living with my mother. I want to leave her with my brother and live on my own. Her SSS pension is very low so she is dependent on us. Almost everyday feels toxic with her since she makes me feel useless often. I want to live on my own and get a sense of achievement of doing everything on my own. Please confirm if abandoning her is legal or not. The internet does not seem to be too clear for me. Please cite sources where you base your answers. Please don't judge me. I don't want to do this but I can't afford to pay my own rent and their rent.

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2 Re: Thinking About Going Solo on Thu May 10, 2018 2:00 pm

attyLLL


moderator
as her descendant, you are legally obligated to provide support if she is unable to provide for herself, but you are not legally obligated to stay with her


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3 Re: Thinking About Going Solo on Fri May 11, 2018 8:27 am

noobz


Arresto Menor
Thanks. What law and section should I look at? Is this it?

Family Code
TITLE VIII
SUPPORT

Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.
The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work. (290a)

Art. 105. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:

(1) The spouses;
(2) Legitimate ascendants and descendants;

(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;

(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and

(5) Legitimate brothers and sisters, whether of full or half-blood (291a)

It looks like I'm stuck between a rock and a hard place as well. If she leaves on her own or allows me to go away verbally, can I stop supporting her or should I do something in writing?

Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same. (297a)

Sorry for the follow up questions.

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