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Woman seeks financial support from American ex-husband...

Woman seeks financial support from American ex-husband
"I am married to an American citizen. We were married here in the Philippines and we have a 6-year-old son, but we have been separated for five years now. He has not provided any financial support for our son since the time we got separated. I heard he had a Filipino woman live-in partner with whom he had another child, but I believe they separated as well. He neither gave support nor helped me in applying for our son’s American citizenship. What must I do? Hoping for your helpful advice. JRADear JRA, Since you and your husband have entered into a contract of marriage here in the Philippines, both of you are bound to comply with the obligations imposed under our civil laws, particularly those provided for under Executive Order 209 or the Family Code of the Philippines.One of the obligations stated therein is the obligation of parents to provide support for their child. According to Article 195, id, “x x x the following are obliged to support each other to the whole extent set forth in the preceding article: x x x (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter x x x” Considering the foregoing, your husband is constrained by law to give financial support to your child for the latter’s needs, such as for his sustenance, dwelling, clothing, medical attendance, education and transportation. (Article 194, id)It would be best if you talk to your husband, inform him of the expenses of your child and demand from him to provide financial support. Should he still neglect his responsibilities over your 6-year-old son, you may opt to file, in behalf of your minor child, an action for support against him.Said action should be brought before the court of the place where you reside here in the Philippines.During the hearing, the court will take into consideration all the pertinent circumstances surrounding your case, including your husband’s financial capacity to give support to your son because it is provided for under Article 201, id, that “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.”Should the court find that your son is entitled to be supported and that your husband has the financial ability to give support, it will issue an order relative thereto, and your husband is bound to adhere to said order. Insofar as your desire to have your son be recognized as an American citizen, it would be more prudent for you to visit the Embassy of the United States of America here in the Philippines and inquire as to how the same can be processed.We humbly regret to inform you that we are not adept with foreign laws especially those relating to acquisition of foreign citizenship.Hence, it would be best for you to coordinate with the embassy concerned so that you may be given proper information as to your son’s acquisition of American citizenship.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299)."
 

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"Woman seeks financial support from American ex-husband" was written by Mary under the Legal Advice category. It has been read 129 times and generated 0 comments. The article was created on and updated on 16 September 2021.
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