Got into a mortgage loan agreement and your kids are currently going to school. Your OFW husband suddenly stopped sending remittances several months ago without any notice. How would you pay your bills? Your house loan? Could you do something about it? Fortunately, yes. You can definitely ask financial support for your kids.
The Philippine Family Code is a law stating that a wife and her children should receive financial support.
The Philippine Family Code is a law stating that a wife and her children should receive financial support.
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What laws can protect abandoned wives and children?
The Philippine Family Code is a law stating that a wife and her children should receive financial support. The Philippine Family Code Title IV Articles 194-208 defines and support as everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family.
The part of education in the clause includes schooling or training for some profession, trade or vocation, even beyond the age of majority (18 years old). Transportation includes expenses going to and from school and/or work.
Other laws that wives may find helpful are:
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 to her or her family is a crime punishable by time in jail and a fine of no less than Php 100,000.
Similarly, it is a punishable crime to deliberately provide the woman’s children insufficient financial support.
Solo Parents Welfare Act of 2000 provides several discounts and benefits to women and their children
Who can file for 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?
To ask for support using the wife shall apply 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 the 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 a 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.
Filing a case against your husband may be a sensitive and painful task but it is something that you should pursue you and your children’s sake. Besides, no one else will fight for you and your children’s rights but you.
To ask for support using the wife shall apply 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 the 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 a 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.
Filing a case against your husband may be a sensitive and painful task but it is something that you should pursue you and your children’s sake. Besides, no one else will fight for you and your children’s rights but you.
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