Legal Question in Family Law in Philippines
Good day Atty,
me and my husband we decided to separate..i am the legal wife he promise that our house in cdo he continue to pay in the bank until fully paid the balance is almost 600 thousand..also the car he will paid the balance 600 thousand also..he have 3yrs to pay the balance of that property...and he gave 50 thousand allotment every month..we have two kids 8 and 3 yrs old...the schooling of my kid is included in my allotment...My husband is chief engr. he is a seaman he currently on board..
my question is if we are not leave in the house he bought for us ..and we leave another place it is a ground to file me a legal separation on the court because we not leaving in that house..and termination of my allotment? i am so confused in this situation i am afraid to leave in that house baka he will stop paying the balance of the house...we are planning to leave with my parents house since he never give an assurance to us.. enrollment is approaching but he never sent money to enroll my daughter... he has the write and the agency to stop sending an allotment to us until he finish his contract for 6months ...he sent his first allotment last april... i text, call and email him but still no assurance that he will continue to support us... please help me in my problem...50 thousand is not enough to us i want to demand bigger allotment since he is chief engr already and he will earn bigger amount this time it would reach 450 thousand a month...i want to save money for the future of my two kids from the allotment that he would give us..i dont have work even business coz he always get mad of it..he likes me to stay in the house and take care of our kids...
every time my husband around he spend money to his barkadas enjoying in the club with his own money..and also girls he want spend time...so hurt... please help me and give me advice what i should to do...
thank you
mommy!
1 Answer from Attorneys
Even if you leave the family home you and your children will continue to be entitled to support from your husband. You are already separated in fact. File a case in court so you can be assured of the monthly support from your seafarer husband. If he refrain from giving you support file a criminal case for violation of RA 9262.