Legal Updates: Support for abandoned woman and family
Good afternoon atty galacio,
my husband is a filipino seaman, we have no kids can i file for support?
i have my job but it is not enough for my daily expenses.according to him support is only given if i have kids to sustain? is it true?
please do advice me..i would gladly appreciate your response.
June 30, 2008 2:07 PM
Atty. Gerry T. Galacio said...
1. Your husband is wrong. Article 195 (paragraph 1) of the Family Code states that spouses are obliged to support each other. Thus even without children, your husband is obliged to support you.
The Family Code also states the following:
Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.
Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.
If you want to ask for financial support from you husband, you can do so under a Protection Order as provided for by RA 9262. You can petition the court to issue a Protection Order so that your husband and his employer will be required to set aside a certain percentage of his income on a monthly basis. If he and/or his employer fail to do so, they can be held in contempt of court.
You can try to get free legal help from the IBP (Integrated Bar of the Philippines) chapter in your town or city, OR from the OLA (Office of Legal Aid) from the UP College of Law in Diliman, Quezon City. You can also ask the DSWD of your local government unit for help in filing a petition for Protection Order. You will be filing the petition for Protection Order with your husband, his employer and the POEA (since your husband is a seaman) as respondents.