Category Archives: Going After Support

When Can I File for Child Support?

Question (from H. on Child Support pending Annulment)

“Good day to you,I am so glad to bump into your site.

My husband has been wanting to have our marriage be annuled. I told him that I cannot file the annulment yet because I pay for my daugther’s tuition fee.

He have my son in which he uses to force me in filing the annulment by not allowing to see my boy evrytime her gf pressures him to separate me legally.

I left our home alone more than a year ago and when summer came last year my eldest stayed with me and did not return to his father because she felt that she is being used as a shock absorber of her father’s agony along with my inlaws meddling and badmouthing against me.

My husband said that he can no longer wait of when am I filing the annulment because he is too scared that her gf would leave him again. He told me last night that he made a sworn statement regarding his complaint against me and that will lead to annulment.

We both want to be annuled but there are two reason that I couldn’t do it. First,I am not financially and emotionally prepared. Second if ever I will have the child custody he might not support them adequately and might intentionally forget his duty if he is not in the mood.
He is a school bus operator and earns around P40thou but I know that he only declared a VERY SMALL amount of income comparing to how much he really earns.

He said that he is a changed man and should give him a chance in believing that he will not run away from his obligation but I told him it should be in writing or I should take it into court. My problem is, what if the mediator or the court calculate of what is declared in his ITR,where I know that is not the real and actual amount?

He actually agreed that I could file a civil case for support before the annulment and he will be giving more than what is being stated. I told him if he do not give sufficient amount I will put him in trouble(like reporting him for tax evasion). He promised that he will never neglect his children but he had a plan of having 2 more children to his “would be wife”, I believe one day he will complain and would not give what is right for MY children because of having too much obligation.

Yes,I know he is galant when he have money and when he is in the right mood. I’d like to add that he is very temperamental,a habitual liar and inconsistent person. Somehow,he brings the kids to the mall and buys them whatever they want in which I cannot afford to do so. I want us to be civil with each other but I don’t want to end up begging for his help. What shall i do?

Can I file annulment then ask for temporary support(but he have my son)OR take my son first and ask for child support then file an annulment?  

I am tired of crying evrytime he uses my son to pressure me. My son is even jealous of his sister asking why did I leave him and why can’t I take him too.  I couldn’t explain him that his father will not support them ifever I take him with me.  There are time my husband would say I could both have the kids and support them and there are time that he will not support them and just hide from his obligation.   I am so emotionally battered with this problem.I am so glad to leave that psycho but there are children involve.

Please Ma’am tell me what to do.
Thank you for your time and God bless you for sharing us your wisdom.”  Continue reading


Going After Support

One common problem encountered by single mothers is pursuing financial support in behalf of the minor child. Though the law has always provided for the right of any minor child, whether legitimate or illegitimate, to be supported financially, getting it is not as simple. Initially, a problematic father must be given a chance to provide support without pursuing legal action. So that the demand letter is de rigeur and a condition sine qua non before the petition for support is filed. Being realistic and practical saves everyone a lot of trouble. For instance, if the father of the child is jobless, the action for support though granted in favor of the petitioner, may prove futile if there are no sources of income or properties to draw it from. Assuming, however, that the father holds a regular job that is identifiable, then an easy approach would be to obtain a writ of execution and direct the same against the father’s salary, as is provided by the Family Code.