Legal Question in Family Law in Philippines

can the mother of the baby of my husband can still file a case, or will the court will acknowledge her complaint for child support if my husband is giving the baby a medical assistance. I mean, medical assistance can be also a form of support, right? Hoping for your advise.

ANSWER:

If your husband is not providing sufficient support to his love child then he is depriving the said child of the support that she/he needs.Support will depend on the needs of the recipient and the capacity of the giver. In cases of deprivation, the mother of the said child can file a criminal case for violation of RA 9262. The deprivation of support is an economic violence under the said law.

Question:

Yes, the complain of the mother is not supporting to his baby who is sick, so my husband applied for the medical plan for his baby, but what if my husband only earns 8,000.00 monthly, and I'm the one who shoulders most of our financial needs. So what are my rights as a legal wife? Yes the baby carries his name but if my husband is only earning that small amount and already paying the medical plan monthly and if the court will ask him to give money as an additional support for the child aside from the medical plan, I mean what left for me, for us and to our future baby? Can I fight my right as a legal spouse to the court regarding this matter, that I should also be given a right to ask for financial support from my husband as his shared responsibility? hoping for advise.

Thank you.


Asked on 2/08/12, 6:43 am

1 Answer from Attorneys
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

Your can sue for adultery.But you have to include your husband in the case. As far as support is concerned, the basis is the need of the recipient and the capacity of the giver.If that is the financial position of your husband then that would be the basis of his support, He cannot give support more than his capacity.

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Answered on 2/09/12, 6:16 am


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