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ra 9262 and annulment

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1 ra 9262 and annulment on Sun Jun 19, 2011 2:29 pm

rogue


Arresto Menor
hi atty,,,nag file po ako nullity of marriage sa asawa ko since may anak na rin po ako sa kinakasama ko ngayon...paano po ba usapan regarding sa support ko sa anak ko dun sa legal wife ko...mataas po kc hinihingi niya na di naman po kaya ng sweldo ko po..at ang asawa ko po kc nag aaral po sa ngayon..ang hinihingi nya ay 10k dahil pumapasok na po sa school ang anak namin who is 6years old right now..ang sweldo ko po ay 12k lamang..paano po ba mangyayari dun?paano ko po masusuportahan din ang anak ko sa kinakasama ko ngayon kung yun ang hinihingi niya..sabi po niya mag fa file po siya ng ra9262 at concubinage kapag di ako nagsustento ng 10k...sa katotohanana po,nakapag sustento naman po ako ng 5k monthly..salamat and god bless you

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2 Re: ra 9262 and annulment on Sun Jun 19, 2011 10:31 pm

attyLLL


moderator
file a motion in the court where the annulment case is pending to allow you to provide support in the amount of 5k.


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3 Re: ra 9262 and annulment on Mon Jun 20, 2011 2:26 pm

rogue


Arresto Menor
atty,my wife really needs 10k a month daw..here are the computations..5k for the vitamins/food/groceries,,2k for schoolbus and 3k for yaya because my wife is still studying..ang sinasabi niya sa akin at sinusumbat na nagawa ko daw gumawa ng anak pa pero sarili naming anak di ko kayang masuportahan ng maayos at nakapag file ako ng annulment.kakasuhan daw po niya ako ng economic abuse 9262 for insufficient support..ano po gagawin ko???ano po ba nakasaad sa batas regarding sa ganito>?pag sa tuition po ba ng bata,,lalaki lang po ba dapat ang sumasagot o hati po kami kung naka file na po yung annulment namin??hope you could answer all my questions....thanks atty

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4 Re: ra 9262 and annulment on Mon Jun 20, 2011 10:31 pm

attyLLL


moderator
there is no fixed formula. just make sure you are retaining proof that you are sending the the 5k so that you have evidence against any proof that she files.

again, i recommend you file a motion at the family court where your annulment is pending. this is the proper remedy unless this is one those fixed package deals. i assume you have an atty. you should bring this question to him. good luck.


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5 Re: ra 9262 and annulment on Thu Jun 23, 2011 2:51 am

dolores


Arresto Menor
atty gusto ko po mag file ng annulment,,ano po una kong dapat gawin pano po kung ayaw ng ex ko mag file ng annulment kahit may kinakasama na sya ... ano po dapat ko gawin.. pwede ko po ba i file yan kahit ako lang at ayaw nya magpaticipate? ang sis ko namn po nasa bahrain sya mag file din po sya annulment may bf na po sa dun same with sa aswa nya atty bgyan niyo po sana kami ng idea lang how much it will in filling annulment

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6 Re: ra 9262 and annulment on Thu Jun 23, 2011 2:54 am

dolores


Arresto Menor
atty.. may bf po ako basa usa gusto po nya ako fiancee visa.. sino ho ba mag fil nun sya o ako? if sya ano need ko give doc if dito ano din need ko

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7 Re: ra 9262 and annulment on Thu Jun 23, 2011 9:11 pm

attyLLL


moderator
the most important thing in annulment is whether there is a ground to annul the marriage: http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separatio-of-property

fiancee visa is filed by him. he will tell you what docs you will need.


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8 Question on annulment on Tue Jun 28, 2011 2:31 am

papsi


Arresto Menor
Good Day Atty!

I've been married for almost 5 years now with 1 kid who's turning 3. I would like to seek your expert advice on this.

1)For 4 years now, i've been the only one working and shouldering the daily expenses of the family. I've been asking/continuously reminding my wife to look for a job so she can help me out (and since she's got a college diploma). Despite of these reminders/pakiusap etc. I still don't see her actively looking for a job.

2)All she does from morning 'till night is sit on her laptop and go on facebook. She doesn't pay that much atention on taking care of the kid who at his age is curious about everything surrounding him. It seems to me that when she's logged on to the said site, she wants to put a DO NOT DISTRUB sign on her back.

3)I don't even see her clean the house we stay at. I constantly remind her to do these simple house chores but, to no avail. Even upto this point that we moved to her parents house because I can no longer support the monthly dues for a decent appt.

4)We've been moving from one appt to another due to certain circumstances and everytime we move, she would give comments like "hay nakakapagod! maglilipat nanaman!" and "bakit ba hindi ka bumili ng bahay para hindi tayo lipat ng lipat?" this is a good idea indeed but shouldering the expenses on my own wouldn't work out.

5)During our first year as a married couple I had to go the the US for training. During that short period I accidentally met my ex GF and we dated again. Note that there was no sexual activity between us during that 5week stay. My wife found out about it since I opened it up to her. We broke up for 2 months or so. when we got back together, I saw a sex video of her with another man. That video was taken during that 2month split-up and based on that video, it was her taking it using her cellphone. I was so enraged by what I saw and immediately deleted the video. She immediately found out that I deleted it since she noticed that it was no longer on her phone. She talked to me and apologized for what happened because she claimed that "she was mad and out of control". It's been years since I deleted that video but it still haunts me from time to time.

6)Because of all these things, I no longer have the urge to have sexual contact with her including having another child. It's been almost a year I think since we last had sex. I'm telling you, I don't want "another round" with her.

I'm at this stage of giving up on the marriage since I don't get the support that I need from my "wife". There are occassions where I cry while driving because of my situation. There was a time wherein I was drunk and pulled out my pistol (airsoft only... no magazine), started cocking it and pulling the trigger on my head. I felt like I just wanted to end everything. God thing it was just an "grown-up-man-toy"...

Can these be grounds for annulment? I can't afford to support 1 "30+yr old parasite" that does only FB. Who sits on her happy but waiting for food to be served to her. Is there a way for me to get out of this??

Thanks in advance for the advice atty.

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9 Re: ra 9262 and annulment on Tue Jun 28, 2011 7:40 pm

attyLLL


moderator
at most, these matters can be symptoms of a possible mental disorder, but only a psychologist can make a proper diagnosis.

you don't have to be forced to live with her. make an arrangement to live separately, but you will need to send them regular monetary support. or work on trying to fix your marriage.


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10 Re: ra 9262 and annulment on Tue Jun 28, 2011 8:55 pm

papsi


Arresto Menor
i appreciate the immediate response Atty. If I do file for an annulment of marriage, will item #5 still hold ground in the family court even if it happened almost 4 years ago and the video no longer exist? Also, based on the list that I gave, can you see any ground for annulment of marriage?

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11 Re: ra 9262 and annulment on Tue Jun 28, 2011 9:03 pm

attyLLL


moderator
infidelity is not a basis for annulment. it will be difficult to prove the infidelity without the video, particularly if she denies it.

for other grounds: http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separatio-of-property


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12 Re: ra 9262 and annulment Today at 12:43 am

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