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Showing posts with label Family Code. Show all posts
Showing posts with label Family Code. Show all posts

Tuesday, September 08, 2020

Usapang Child Support: Sino at Magkano ang Dapat Ibayad?





Suporta sa anak o child support ang isa sa madalas nagpapalala sa away ng mga naghiwalay na na mag-asawa o dating magka-relasyon. Ito'y dahil hindi madali ang mga responsibilidad na naiwan sa isang magulang na solong nagpapalaki sa anak nito. Ano man ang dahilan ng paghihiwalay ng mag-asawa o dating magka-relasyon, isa lamang ang importante at hindi magbabago — ang mga anak ay dapat sinusuportahan ng kanilang mga magulang, legitimate o illegitimate man ang isang bata.

Ngunit madalas na tanong — magkano ba ang suportang dapat ibibigay ng isang magulang sa anak nito?

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1. Ano ang legal na basehan ng Child Support?

Ayon sa Article 194 ng Family Code, ang Child Support ay sustentong kinakailangan ng isang bata para mabuhay — food, dwelling, clothing, medical expenses, education at transporation. Ngunit ito ay naaayon sa kapasidad ng kanyang pamilya.

Dahil nasa ilalim ng parental authority ang isang bata habang minor de edad ito, obligado ang mga magulang na suportahan ang kanilang mga anak na hindi pa tumuntung sa edad na 18-anyos.

Natatapos ang Child Support sa edad na 18-anyos ngunit kinakailangan pa ring suportahan ng mga magulang ang kanilang anak kahit higit 18-anyos na kung ito ay may kaugnayan sa kanyang pag-aaral.


2. Sino ang obligadong magbibigay ng Child Support?

Regular na financial support para sa pangangailangan ng isang bata ang child support. Itinuturing itong joint obligation ng ina at ama.
 
Madalas ibinibigay ito ng non-custodial parent o magulang na walang physical custody sa kanyang anak o wala sa poder nito ang kanyang anak.

Kung kapwa naman nagtatrabaho ang mga magulang, nararapat lamang na silang dalawa ang magbibigay ng suporta sa bata lalo na kung ang kostudiya ng bata ay nasa ibang tao, halimbawa kamag-anak.

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3. Ano ang non-custodal parent vs. custodial parent?

Sa pangkalahatan, ang child support ay ibinibigay sa custodial parent ng non-custodial parent, ngunit maari din itong ibayad sa ibang tao, halimbawa kamag-anak o guardian na siyang may kostudiya o nagpapalaki sa bata.

Non-custodial parent — Magulang ngunit walang parental authority sa anak.

Custodial parent — Magulang na may parental authority, ibig sabihin may karapatan at responsibilidad na magpalaki sa anak.

Sa kaso ng mga ikinasal, kapwa may kostudiya sa bata ang mga magulang.  Sakaling nanganak ang babaeng hindi kasal, siya ang may karapatan sa kostudiya ng anak ngunit maari naman mag-request ng custody ang ama sa korte.


4. Magkano ang Child Support na dapat ibigay ayon sa batas?

Walang fixed rate or percentage ang child support. Ang korte ang magde-desisyon kung magkano ang ibabayad ayon na rin sa pangangailangan ng bata at kapasidad ng magulang.

Ayon sa parameters na itinakda ng Article 201 ng Family Code, naka-proportion sa income ng nagbibigay na magulang ang child support at sa pangangailangan ng bata.

Halimbawa, hindi maaring hingan ng P10,000 a month na child support ang isang ama na kumikita lamang ng minimum wage dahil hindi niya ito kayang ibigay. Sa kabilang banda, hindi naman matatawag na sobra-sobra ng isang top executive ang demand na P10,000 bilang child support kung ito ay sumasahod ng P100,000 a month.

Kung ang pangangailangan ng bata kagaya ng pagkain, pananamit, gamot at iba pa ay hindi lalampas sa P10,000, walang rason upang humingi ng sobra sa nabanggit na halaga.


5. Paano mag-file ng claim para sa Child Support?

Una, kailangang mapatunayan ng custodial parent na ang non-custodial parent ay may relasyon sa bata. Kung may pagdududa, maaring isailalim ang mga ito sa DNA testing.

Kung napatunayan ang relasyon ng dalawa na mag-ama o mag-ina ang mga ito, maari nang humingi ng child support ang custodial parent. Sakaling tumanggi ang non-custodial parent, maari itong kasuhan para sa child support. 

May kaakibat na gastos ang pagsasampa ng kaso, ngunit maraming paraan upang hindi makagastos ng malaki. Maaring makahingi ng tulong sa Public Attorney’s Office o Department of Social Welfare and Development.

5. May mga limitations pa ang pag-demand ng child support?

Laging tandaan na ang child support ay naaayon sa financial capacity ng pamilya. Kung ang magulang ay nasa middle class, hindi maaring i-demand ng isang magulang nai-enroll ang kanyang anak sa napaka-mahal na international schools na hindi nila kayang bayaran. Ito ay isang patas at pantay na pagsukat para sa suporta. "One cannot give what he does not have."


6. Paano ang pagbabayad ng Child Support at sino ang karapat-dapat na tumanggap ng pera?

Sa usapin ng child support, madalas na nagbibigay ng allowance o child support ang non-custodial parent sa magulang na nag-aalaga o custodial parent. 

Maaari ding alagaan ng non-custodial parent ang anak nito sa kanyang bahay maliban na lamang kung may "moral" reason na hindi ito posible.
 
7. Paano kung ayaw magbayad ng child support ang non-custodial parent?

Kung hindi magkasundo ang mga magulang, maaring mag-demand ng child support ang custodial parent. Sakaling nagmatigas naman ang non-custodial parent sa pagbabayad ng child support matapos natanggap ang hinihinging demand, maaring isampa sa korte ang kaso. 

Ang kaso ay maaring i-file sa Regional Trial Courts na magsisilbi din na Family Courts para sa hearing ng kaso.

Kung sa una pa lang, nagkasundo na sa child support ang mga magulang, wala ng rason upang umabot pa sa korte ang kaso.

8. Ano ang legal liability ng mga magulang na hindi o nagmamatigas sa pagbibigay ng child support?

Kabilang sa mga batas na sumasakop sa child support ay ang Family Code at Anti-Violence Against Women and Their Children Act o  Anti-VAWC Law.
 
Ngunit tanging ang Anti-VAWC Lamang ang naghahayag ng posibleng penalty para sa non-payment ng child support ngunit kung ito ay naghahayag ng "economic abuse"

Isinasaad ng batas na "depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman’s children insufficient financial support can constitute economic abuse" na maaring maparusahan ng hanggang sa anim na taong pagka-bilanggo.

©2020 THOUGHTSKOTO
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Friday, July 26, 2019

5 Years of Separation Can Be a Ground For Annulment Under New Bill




It is no secret that the Philippines is one of the very few countries in the world where divorce is not allowed. Aside from that, annulment in the country is considered by many as an expensive and tedious process. And because of that, many couples are tied in the marriage that is no longer working out. To end this kind of sufferings two congressmen filed bills pertaining to annulment and divorce in the country. Surigao del Norte 2nd District Representative Robert Ace Barbers filed House Bill No. 205 that aims to amend some provisions of the "Family Code of the Philippines". Under his bill, marriage may also be annulled if the parties have been separated in fact for at least five years. According to Barbers, his bill is base on the factual and existing marital condition of many Filipinos. He added that five years of actual separation would make the couples estrange enough that a possible reconciliation is unlikely to happen. Five years should have also made the parties “adjust and move on with their individual lives without further straining the relationship,” according to him. On the other hand, Davao Del Norte Representative Pantaleon Alvarez has refiled the absolute divorce. Alvarez pushed the measures during his term as Speaker of the House of Representative in the 18th Congress and was approved on the third and final reading but failed to get approval from Senate. The bill provides that after the divorce becomes effective, the marriage bonds will be severed and the former spouses will have the right to marry another person either by a civil or religious ceremony. The measure also ensures that the proceedings for the grant of absolute divorce will be affordable and inexpensive, particularly for indigent litigants and petitioners. A mandatory six-month cooling-off period will also be provided under the bill. During this period, the court will not start the trial for absolute divorce after the filing of the petition for six months to try to reunite and reconcile the parties.
It is no secret that the Philippines is one of the very few countries in the world where divorce is not allowed. Aside from that, annulment in the country is considered by many as an expensive and tedious process. And because of that, many couples are tied in the marriage that is no longer working out. To end this kind of sufferings two congressmen filed bills pertaining to annulment and divorce in the country.

Surigao del Norte 2nd District Representative Robert Ace Barbers filed House Bill No. 205 that aims to amend some provisions of the "Family Code of the Philippines". Under his bill, marriage may also be annulled if the parties have been separated in fact for at least five years.



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 According to Barbers, his bill is base on the factual and existing marital condition of many Filipinos. He added that five years of actual separation would make the couples estrange enough that a possible reconciliation is unlikely to happen. Five years should have also made the parties “adjust and move on with their individual lives without further straining the relationship,” according to him.

On the other hand, Davao Del Norte Representative Pantaleon Alvarez has refiled the absolute divorce. Alvarez pushed the measures during his term as Speaker of the House of Representative in the 18th Congress and was approved on the third and final reading but failed to get approval from Senate.
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The bill provides that after the divorce becomes effective, the marriage bonds will be severed and the former spouses will have the right to marry another person either by a civil or religious ceremony.

The measure also ensures that the proceedings for the grant of absolute divorce will be affordable and inexpensive, particularly for indigent litigants and petitioners.

A mandatory six-month cooling-off period will also be provided under the bill. During this period, the court will not start the trial for absolute divorce after the filing of the petition for six months to try to reunite and reconcile the parties.

This article is filed under divorce, annulment in the Philippines, Family Code, legal separation, marriage, house bills, laws. 

©2019 THOUGHTSKOTO
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Wednesday, April 19, 2017

Physical Violence as Ground for Legal Separation

Former presidential aspirant Senator Grace Poe has filed a bill that seeks to amend the Family Code of the Philippines and update the grounds for legal separation- to include physical violence. When she was campaigning for the country's top post, Sen. Poe commented on strengthening the Legal Separation Article of the Family Code of the Philippines. Senate Bill No. 1366 is titled an “Act expanding the grounds for legal separation, amending for the purpose Article 55 of the Family Code of the Philippines.” Sen. Poe said “As it stands now, the provision requires repeated physical violence or grossly abusive conduct in order to justify a legal separation.” “The wording is problematic because, first, the abuse must be repeated, putting the life of the victim at risk; and second, it does not recognize sexual abuse which is what usually happens in the privacy of homes,” Senator Poe added. According to Sen. Poe, under the current Civil Code, any physical violence less than an attempt on the life of the other spouse is not a ground for legal separation. This is the main purpose for introducing the new Senate Bill. Sen. Poe wants the reduce this requirement. In her proposed bill, the physical abuse need not be repetetive, nor should it be due to an attempt on life. This means "A husband who physically manhandles his wife every time he is drunk without intent to kill" will be a ground for legal separation. Currently, the Philippines has no Divorce Law. But a very similar effect can be achieved via either annulment or legal separation. As annulments tend to be very expensive and takes a longtime for a finality of decision, many resort to legal separation. But what is the difference between Annulment, Divorce and Legal Separation? Watch this video to find out. Going back to the existing law, here are the criteria for filing legal separation: Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; Physical violence or moral pressure to compel the petitioner to change religious or political affiliation; Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement; Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned; Drug addiction or habitual alcoholism of the respondent; Lesbianism or homosexuality of the respondent; Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; Sexual infidelity or perversion; Attempt by the respondent against the life of the petitioner; or Abandonment of petitioner by respondent without justifiable cause for more than one year.



Former presidential aspirant Senator Grace Poe has filed a bill that seeks to amend the Family Code of the Philippines and update the grounds for legal separation- to include physical violence. When she was campaigning for the country's top post, Sen. Poe commented on strengthening the Legal Separation Article of the Family Code of the Philippines.

 Senate Bill No. 1366 is titled an “Act expanding the grounds for legal separation, amending for the purpose Article 55 of the Family Code of the Philippines.”
Former presidential aspirant Senator Grace Poe has filed a bill that seeks to amend the Family Code of the Philippines and update the grounds for legal separation- to include physical violence. When she was campaigning for the country's top post, Sen. Poe commented on strengthening the Legal Separation Article of the Family Code of the Philippines. Senate Bill No. 1366 is titled an “Act expanding the grounds for legal separation, amending for the purpose Article 55 of the Family Code of the Philippines.” Sen. Poe said “As it stands now, the provision requires repeated physical violence or grossly abusive conduct in order to justify a legal separation.” “The wording is problematic because, first, the abuse must be repeated, putting the life of the victim at risk; and second, it does not recognize sexual abuse which is what usually happens in the privacy of homes,” Senator Poe added. According to Sen. Poe, under the current Civil Code, any physical violence less than an attempt on the life of the other spouse is not a ground for legal separation. This is the main purpose for introducing the new Senate Bill. Sen. Poe wants the reduce this requirement. In her proposed bill, the physical abuse need not be repetetive, nor should it be due to an attempt on life. This means "A husband who physically manhandles his wife every time he is drunk without intent to kill" will be a ground for legal separation. Currently, the Philippines has no Divorce Law. But a very similar effect can be achieved via either annulment or legal separation. As annulments tend to be very expensive and takes a longtime for a finality of decision, many resort to legal separation. But what is the difference between Annulment, Divorce and Legal Separation? Watch this video to find out. Going back to the existing law, here are the criteria for filing legal separation: Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; Physical violence or moral pressure to compel the petitioner to change religious or political affiliation; Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement; Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned; Drug addiction or habitual alcoholism of the respondent; Lesbianism or homosexuality of the respondent; Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; Sexual infidelity or perversion; Attempt by the respondent against the life of the petitioner; or Abandonment of petitioner by respondent without justifiable cause for more than one year.

 Sen. Poe said “As it stands now, the provision requires repeated physical violence or grossly abusive conduct in order to justify a legal separation.”

  “The wording is problematic because, first, the abuse must be repeated, putting the life of the victim at risk; and second, it does not recognize sexual abuse which is what usually happens in the privacy of homes,” Senator Poe added.

According to Sen. Poe, under the current Civil Code, any physical violence less than an attempt on the life of the other spouse is not a ground for legal separation. This is the main purpose for introducing the new Senate Bill. Sen. Poe wants the reduce this requirement. In her proposed bill, the physical abuse need not be repetetive, nor should it be due to an attempt on life. This means "A husband who physically manhandles his wife every time he is drunk without intent to kill" will be a ground for legal separation. 
Former presidential aspirant Senator Grace Poe has filed a bill that seeks to amend the Family Code of the Philippines and update the grounds for legal separation- to include physical violence. When she was campaigning for the country's top post, Sen. Poe commented on strengthening the Legal Separation Article of the Family Code of the Philippines. Senate Bill No. 1366 is titled an “Act expanding the grounds for legal separation, amending for the purpose Article 55 of the Family Code of the Philippines.” Sen. Poe said “As it stands now, the provision requires repeated physical violence or grossly abusive conduct in order to justify a legal separation.” “The wording is problematic because, first, the abuse must be repeated, putting the life of the victim at risk; and second, it does not recognize sexual abuse which is what usually happens in the privacy of homes,” Senator Poe added. According to Sen. Poe, under the current Civil Code, any physical violence less than an attempt on the life of the other spouse is not a ground for legal separation. This is the main purpose for introducing the new Senate Bill. Sen. Poe wants the reduce this requirement. In her proposed bill, the physical abuse need not be repetetive, nor should it be due to an attempt on life. This means "A husband who physically manhandles his wife every time he is drunk without intent to kill" will be a ground for legal separation. Currently, the Philippines has no Divorce Law. But a very similar effect can be achieved via either annulment or legal separation. As annulments tend to be very expensive and takes a longtime for a finality of decision, many resort to legal separation. But what is the difference between Annulment, Divorce and Legal Separation? Watch this video to find out. Going back to the existing law, here are the criteria for filing legal separation: Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; Physical violence or moral pressure to compel the petitioner to change religious or political affiliation; Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement; Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned; Drug addiction or habitual alcoholism of the respondent; Lesbianism or homosexuality of the respondent; Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; Sexual infidelity or perversion; Attempt by the respondent against the life of the petitioner; or Abandonment of petitioner by respondent without justifiable cause for more than one year.

 Currently, the Philippines has no Divorce Law. But a very similar effect can be achieved via either annulment or legal separation. As annulments tend to be very expensive and takes a longtime for a finality of decision, many resort to legal separation.

 But what is the difference between Annulment, Divorce and Legal Separation? Watch this video to find out. 


Going back to the existing law, here are the criteria for filing legal separation:
  1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
  2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
  3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;
  4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
  5. Drug addiction or habitual alcoholism of the respondent;
  6. Lesbianism or homosexuality of the respondent;
  7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
  8. Sexual infidelity or perversion;
  9. Attempt by the respondent against the life of the petitioner; or
  10. Abandonment of petitioner by respondent without justifiable cause for more than one year.

Senator Poe says her proposal applies to both spouses, regardless of gender. She is merely filling a "gap" in the existing law.
source: MB, Pressreader, ChanRobles


©2017 THOUGHTSKOTO

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