Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Child Support / Adultery

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Child Support / Adultery on Mon Aug 01, 2011 2:16 pm

eiy


Arresto Menor
My sister gave birth to her first child when she was 18, then got married had second child. they have a very rocky complicated relationship. anyway that said, my sister committed adultery got pregnant, after the drama they patched things up, his husband accepts the child gave his last name, but still every time they fight he'll always use the adultery thing, then my sister committed another adultery and got pregnant again. this time they finally separated and my sister lives with us with her 4 children. Her husband is a bit violent, threatens to kill her so pinablater sya sa barangay. Time passed. Her husband now lives with a new gf. the problem is that he does not want to provide for his 2 children. He does sometimes gives P1000 if my nephew caught him in a good mood. Most of the time pahirapan pa humingi kung magbigay pa P500! how can a child live in a P500 support!

If my sister asks for a child support, can the husband file against adultery to my sister? Can my sister be jailed? If so, how about the children? The father once said that he doesn't care if he goes to jail for not providing support, he keeps blaming my sister for everything but it takes to to tango. I know my sister messed up big time (and she has suffered enough, she learned her lesson). but come on that's not a reason to run away from your responsibility.

What steps can be done for the children's sake?
What can we do?

View user profile

2 Re: Child Support / Adultery on Mon Aug 01, 2011 9:31 pm

rchrd


moderator
Let's reverse the situation. Let us pretend i am the husband.

As husband, i have the right to refuse support for your sister but not for my children.

I chose not to sue your sister, but if irked by a suit filed by my wife, i might be instigated to file two charges against her for adultery. (Although your sister can later validly move for the dismissal of the first case of adultery on the ground of condonation.)

I could also file a case for custody of the children so that i will not be sued for abandonment.

View user profile

3 Re: Child Support / Adultery on Mon Aug 01, 2011 10:09 pm

rchrd


moderator
FOR THE CHILDREN'S SAKE:

If you are in a better position (financially and or morally), you can do these:

Do your best to shield the children (4 of them) from the discouraging and confusing (to them) situation of their family by spending some time with them to help them forgive the faults of their parents. Responsibly lead them to Christ and to live a Christian life.

Have a sincere talk with your brother-in-law for him not to neglect his children. Talk about how he can provide for them without the money flowing to your sister unless he likes to provide also for his undeserving wife.

Guide your sister into becoming the best mother as she is supposed to be and a remorseful and changed wife (even if the chance that her married life will be back to an ideal kind at present). Always pray for their family to become the way the Lord wanted them to be and plead for them as you love them all - sister, brother-in-law, nieces/nephews. I hope you can relate with these advises.

THE POSSIBLE LEGAL STEPS:(not the best IMO as far as your question on the sake of the children)

Your brother-in-law may be sued in any/combination/all of the following:
1. a case for abandonment and support;
3. Violence against women and their children;
2. Concubinage if he lives with the other woman in a manner qualifying his acts under that offense (based on your narration, there is no concubinage yet.)

Be warned however that a suit against your brother-in-law might not satisfy your desire for the sake of the children. Examples -
1. They might be called to the witness stand (case against the father or the mother) to testify for any of their parents and further scar their life with the memories of quarreling parents and relatives.
2. Even when money might arrive as support, the same will be given grudgingly in contrast to how the same amount might arrive if you were able to gently remind and convince the father to support the children.

MY WORD FOR YOU:

Nandiyan ka na rin lang na concerned para sa mga pamangkin mo, lubos-lubosin mo na ang pagtulong sa kanila. God bless you.



Last edited by rchrd on Mon Aug 01, 2011 10:13 pm; edited 1 time in total (Reason for editing : for clarity)

View user profile

4 Re: Child Support / Adultery on Tue Aug 02, 2011 6:53 pm

eiy


Arresto Menor
rchrd wrote:Let's reverse the situation. Let us pretend i am the husband.

As husband, i have the right to refuse support for your sister but not for my children.

I chose not to sue your sister, but if irked by a suit filed by my wife, i might be instigated to file two charges against her for adultery. (Although your sister can later validly move for the dismissal of the first case of adultery on the ground of condonation.)

I could also file a case for custody of the children so that i will not be sued for abandonment.


My sister doesn't want support for herself, only for the two children. (Sorry if I didn't make that clear) If he did sue for two counts of adultery and if my sister did make the move for the dismissal for the first count.. what happens to the second count? Will she be facing jail time? if so, for how long? what is the punishment for adultery?

View user profile

5 Re: Child Support / Adultery on Wed Aug 03, 2011 9:40 pm

rchrd


moderator
During trial of the case: If she will not file bail, she will have to be detained in jail.

After trial: If ever she gets convicted in the second adultery, she will be sentenced to suffer imprisonment but because this will be the first conviction of your sister and the sentence would definitely be less than 6 years, she can apply for probation. She must apply for probation within 15 days from the reading of the sentence (called promulgation).

Under the Probation Law, she will not be imprisoned but will instead be ordered to regularly report to the probation officer at the Probation Office at least once a month for counseling/listening to preaches/livelihood training/community activities etc. The reporting to the Prob. Office will be longer than the length of the imposed imprisonment but that is much better than staying in jail.

Hope that helped. God bless.

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum