Sunday, April 14, 2013

Action for support against father whose whereabouts are unknown

Dear PAO,
I got married in April 2006. Four months thereafter, my husband abandoned me and our daughter. He never provided support. I saw on Facebook just recently that he already has a new family. I want to file an action for support but I do not know where he lives. I also want to know whether he and his girlfriend got married. Please advise me on what I should do.
Jo

Dear Jo,
You and your daughter have a right to demand support from your husband because it is a part of his obligation as your spouse and as the father of your child. Such obligation is clearly stated under Article 195 of the Family Code of the Philippines, which provides that, “x x x the following are obliged to support each other to the whole extent set forth in the preceding article: (1) The spouses; x x x (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; x x x”

Accordingly, you may file an action for support against him before the Regional Trial Court, acting as a Family Court, of the place where you and your daughter reside. You must particularly indicate in your claim your financial necessities as well as those of your daughter, whether it be for your sustenance, dwelling, clothing, medical attendance, education and transportation. You must likewise be able to prove that your husband has the financial capacity to provide for such necessities because according to Article 201, id: “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.”

It is worth mentioning that, while a case may be filed even if the complainant has no knowledge of the exact whereabouts of the respondent, it is still vital for the former to know such detail in order for the case to prosper swiftly. This is so because the respondent will be served with the pleadings and notices relative to the case he is facing in order to give him the opportunity to answer and raise his defenses. If his whereabouts is unknown, it may cause the delay of the proceedings. Thus, it is advisable for you to determine first where your husband is presently residing.

Insofar as your desire to know whether or not your husband and his alleged girlfriend got married, you may consider verifying with the National Statistics Office (NSO) as marriages entered into here in the Philippines are commonly registered with the NSO. However, be advised that the lack of record in the NSO is not a guarantee that they have not contracted marriage because it is possible that they entered into a contract of marriage but such fact was not registered with the office of the Local Civil Registrar or the NSO.

source:  Manila Times' Column by

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