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monetary support from a husband

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1 monetary support from a husband on Tue Jul 19, 2011 5:22 am

tres


Arresto Menor
if a married couple have separated already (but not legally yet), can the wife still demand for financial support from the husband even if the wife is working abroad? they dont have a child nor a conjugal property to maintain. the husband has left the wife for another woman and is now a father to a baby boy from the paramour. still the legal wife is demanding to have 50% of the husband's salary for her own benefit only since they have already separated.

my question is:
1) can the wife really demand that big amount from the husband even if she's already earning well abroad and can support her needs independently?

2) what is the punishment for the mistress if she gets sued by the wife for monetary damages (art 26)?

3) what case can be filed to the mistress for her to be in jailed? coz the wife wants her in jail.

4) can concubinage be filed to a husband even if he's out of the country? and if the husband is onboard the ship, should he return home immediately once the wife files a case to him and mistress?

5) if the wife files for concubinage, how long does it usualy take for the husband and mistress to be subpoenaed?

thanks in advance! i would really appreciate your advice.

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2 Re: monetary support from a husband on Tue Jul 19, 2011 11:06 pm

attyLLL


moderator
1) i'd say it works both ways, the husband can claim half of her earnings also. what is important is if one does not have enough for support, then they can claim from the other.

2) just monetary damages.

3) concubinage, but that has to include the husband. though the punishment is just banishment from where he resides.

4) yes it can be filed. no, he does not have to return immediately.

5) 1 month


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3 Re: monetary support from a husband on Wed Jul 20, 2011 4:02 am

tres


Arresto Menor
thanks for the prompt response attylll. one more thing im confused of,

1)what is the difference between subpoena and court order? are they the same? which one comes first?

2)when does the respondent receive a court order? what is the process for it?

thanks again sir!

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4 Re: monetary support from a husband on Wed Jul 20, 2011 6:52 pm

attyLLL


moderator
a subpoena is a kind of court order which directs a person to appear and testify and/or bring related docs.

court orders are normally mailed.


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5 Re: monetary support from a husband on Fri Jul 22, 2011 8:30 am

tres


Arresto Menor
i see. but then attylll, if the wife is only on one month vacation in the country and has to return abroad afterwards because of work.

1) can concubinage case to a husband and mistress be officially filed in court in a short span of one month? or does it usually take a bit longer than one month?

2) if it takes more than a month, can the wife request a Special Power of Attorney for her parents to continue with the filing of the case?

3) how much money is usually spent by a petitioner in this kind of case?

4) and if the husband is on board the ship, how can preliminary investigation be conducted if the respondent is out of the country?

5) will evidences like pictures of husband and mistress together (not doing any malicious acts tho), sworn statement of witnesses that they've seen the husband and mistress together somewhere or if the husband is seen walking in and out of the mistress' house, and the fact that the mistress has a baby with her husband now be enough to proceed with the case?

thank u so much in advance again attylll. you're really of great help!

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6 Re: monetary support from a husband on Fri Jul 22, 2011 6:34 pm

attyLLL


moderator
it will depend how fast and how well her lawyer can put together the case. from my experience, it can be done.

as for your evidence, if your witnesses are willing to testify, then a case can be made. you should add other charges such as repeated marital infidelity.


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7 Re: monetary support from a husband on Tue Jul 26, 2011 6:34 am

tres


Arresto Menor
what is the punishment for REPEATED MARITAL INFIDELITY attylll?

and what if the wife declares that she's the head of her family? like her parents and siblings are her dependents. can it be a good reason to point out that she cant support herself independently and be able to claim half of her husband's salary? the husband also gives financial support to his parents regularly tho.

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8 Re: monetary support from a husband on Tue Jul 26, 2011 9:50 pm

attyLLL


moderator
for info on ra 9262: click here

being married, she cannot declare herself head of the family in the legal sense. she can file a petition for a collation of their salaries and her properties as her right to half the conjugal properties.


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