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Showing posts with label Child Support. Show all posts
Showing posts with label Child Support. Show all posts

Tuesday, July 23, 2019

Failed to Support a Child? Fathers Can be Jailed and Fined






Lack of child supports is one of the common problems a woman may face from her ex-husband or partner after separation or break-up. But to all deadbeat fathers out there, don't you know that failure to pay child support to your children is a crime and may cost you a fine or land you in jail?



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According to Atty. Noel Del Prado, a lawyer specializing in family court cases, a father who fails to support his children is a violation of Section 5 of Republic Act 9262 or the Anti-Violence Against Women and Children Act. 

It means single mothers, including overseas Filipina workers (OFWs), can file a case against their ex-husbands or partners who have been remiss of their financial obligations to their children. 
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He said there are certain parameters have been set by the law to determine whether a father – biological or otherwise – can be charged.

If found guilty, these deadbeat fathers can be jailed for six months to six years and can be fined of P100,000 to P300,000. According to Del Prado, failure to pay child support is considered an economic abuse.

©2019 THOUGHTSKOTO

Monday, July 16, 2018

How to File Financial Support If An OFW Abandons His Family

An Overseas Filipino Worker (OFW) that abandons his wife and children in the Philippines is not a new story to all of us. But as the one who is being left behind with children to raise up, what should you do?
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Overseas Filipino Worker (OFW) that abandons his wife and children in the Philippines is not a new story to all of us. But as the one who is being left behind with children to raise up, what should you do?  Husbands are bound by law to give financial support to his family especially his children. According to the Family Code of the Philippines, wife and her children should receive financial support including sustenance, dwelling, clothing, medical attendance, education, transportation, etc. On the other hand, Anti-Violence against Women and Their Children Act of 2004 Section 5 (e) states that depriving the woman and her children of financial support legally due her or her family is a crime punishable by time in jail and a fine of no less than P100,000. Aside from this, it is also a crime that is punishable by law to deliberately provide the woman's children insufficient financial support.  Who Can File For A Financial Support?  The victim can apply directly. If the applicant is not the victim then an affidavit of the applicant should be presented. The affidavit should include the circumstances of abuse suffered by the victim and the circumstances of consent given by the victim for filling the application.  How to file?  A wife can ask for support in writing, and it should be signed and verified under oath.  In your application, you may be asked the following:  You and your husband’s names and addresses Description of relationship Statement of the circumstance of the abuse (including abandonment and no provision of support) and a description of the reliefs requested: Request for counsel and reasons for such Request for waiver of application fees for hearing and An attestation that there is no pending application for a protection order in another court.  Where to apply?  An applicant can apply to any regional, metropolitan, municipal and municipal circuit trial courts with territorial jurisdiction over the place where the woman lives.  How much can financial support be received?  The amount of support will be deduced from the needs of the woman and children and the means of the husband. This amount can be reduced or increased also depending on the same variables. While the case is being heard in court, the wife can already receive some financial support by asking for pendent lite. The husband should send an allowance within the first five days of every month.  What if the husband refuses to communicate?  Although the Philippine court does not have jurisdiction over your husband as long as he is out of the country, you can still file a petition as soon as he goes home. File a Protection Order under RA 9262 and a Hold Departure Order.  Once granted the Protection Order, the judge will direct the employer of your husband to remit support directly to you and your children. If the employer disregards this notice, they can be penalized for contempt of court and be imprisoned and fined.
Husbands are bound by law to give financial support to his family especially his children. According to the Family Code of the Philippines, a wife and her children should receive financial support including sustenance, dwelling, clothing, medical attendance, education, transportation, etc.
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On the other hand, Anti-Violence against Women and Their Children Act of 2004 Section 5 (e) states that depriving the woman and her children of financial support legally due her or her family is a crime punishable by time in jail and a fine of no less than P100,000. Aside from this, it is also a punishable crime if one deliberately provides insufficient financial support to children.



Who Can File For A Financial Support?

The victim can apply directly. If the applicant is not the victim then an affidavit of the applicant should be presented. The affidavit should include the circumstances of abuse suffered by the victim and the circumstances of consent given by the victim for filling the application.

How to file?

A wife can ask for support in writing, and it should be signed and verified under oath.

In your application, you may be asked the following:
  • You and your husband’s names and addresses
  • Description of relationship
  • Statement of the circumstance of the abuse (including abandonment and no provision of support) and a description of the reliefs requested:
  1. Request for counsel and reasons for such
  2. Request for waiver of application fees for hearing and
  3. An attestation that there is no pending application for a protection order in another court.

Where to apply?

An applicant can apply to any regional, metropolitan, municipal and municipal circuit trial courts with territorial jurisdiction over the place where the woman lives.

How much can financial support be received?
  • The amount of support will be deduced from the needs of the woman and children and the means of the husband.
  • This amount can be reduced or increased also depending on the same variables.
  • While the case is being heard in court, the wife can already receive some financial support by asking for pendent lite.
  • The husband should send an allowance within the first five days of every month.
What if the husband refuses to communicate?
Although the Philippine court does not have jurisdiction over your husband as long as he is out of the country, you can still file a petition as soon as he goes home. File a Protection Order under RA 9262 and a Hold Departure Order.

Once granted the Protection Order, the judge will direct the employer of your husband to remit support directly to you and your children. If the employer disregards this notice, they can be penalized for contempt of court and be imprisoned and fined.



©2018 THOUGHTSKOTO

Tuesday, March 28, 2017

CHILD SUPPORT: What If Birth Certicate Lacks Dad’s Signature? How to Claim?

Dear PAO,
Can I still ask for financial support from the father of my son even though he did not sign the birth certificate? He used to give support to our son but suddenly he stopped when he met his current girlfriend.
Queen


"Dear Queen,
You may still ask for support even though the father of your son did not sign the latter’s birth certificate. It is imperative, however, that you present proof showing the relationship of your son to his father.

Before a child can ask for support, the relationship or filiation between him and the alleged father must first be established. Under the law, the filiation of a child, legitimate or illegitimate, may be established by any of the following:"

"Before a child can ask for support, the relationship or filiation between him and the alleged father must first be established. Under the law, the filiation of a child, legitimate or illegitimate, may be established by any of the following:

(1) The record of birth appearing in the civil register or a final judgment; or

(2) An admission of filiation in a public document or a private handwritten instrument and signed by the parent concerned;

(3) The open and continuous possession of the status of a child; or

(4) Any other means allowed by the Rules of Court and special laws (Articles 172 & 175, Family Code).

Any of the means mentioned above may be used. Hence, the lack of signature of the father in the birth certificate will not defeat the right of the child to recognition and support if the filiation is proved by other available means, such as admission of the father in a public document or a private handwritten instrument."

Read the rest of the answer of Atty Persida Acosta, here

READ OUR ARTICLES ON CHILD SUPPORT:

Guidelines on How to File for Child Support if You're a Single Parent

One of the rights and obligation between husband and wife, as stated in the Family Code of the Philippines, is they’re “obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.” But due to modernization, Filipino culture such as close family ties and conservative marriages tend to be forgotten and taken for granted. Thus, this produces many unfaithful spouses leading to “broken” families.


©2017 THOUGHTSKOTO