Pwede bang magfile for support ung wife na wala pang anak?

[miznoty]

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need your help.. about this issue..

[miznoty]

experts on this matter please explain po

[leo_trams]

murag dili man puede...unless naa na anak.

[rishee]

ngano magayo man support?

ayaw nlng oi.. f buwag namo... ayaw nlng... mugawas na inuts ang girl..

do the heather mills thing.. hahaha

[miznoty]

tama ka rishee.. lalabas na inuts nga ang girl. meron kasi akong nababasa na wala silang anak at gusto nyang magfile for support kasi wala syang work and kaya naman ng asawa nya..wat do you think?

[rishee]

sus... ayaw pag salig sa bana oi...

human mahadlok diay kungbuwagan...

[miznoty]

murag dili man puede...unless naa na anak.

pwede po leo_trams. under the new family code kahit walang anak dapat suportahan ng asawa ang asawa sa lahat ng pangangailangan nito.. pwedeng magfile ng protection order under ra 9262 ang asawa..

[miznoty]

risbee di namn takot siguro lng mahal lng tlga nila ng asawa nila.. nakakapanghinayang lang kasi nagiging battered wife na sila emotionally and psychologically..

[hobie]

If Im not mistaken sa new family code naa ng protection order,even in before it was revised naa na ang protection order pero this time apil na ang wife bisan wala sila anak. Pero about sa support? I think wala, you're referring to financial support dibah? It only works mn if naa mo siblings and if ikaw ang naay custody sa siblings ninyo.

[miznoty]

If Im not mistaken sa new family code naa ng protection order,even in before it was revised naa na ang protection order pero this time apil na ang wife bisan wala sila anak. Pero about sa support? I think wala, you're referring to financial support dibah? It only works mn if naa mo siblings and if ikaw ang naay custody sa siblings ninyo.

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.