Question About Support

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Tukaram (Tim)
Posted
Posted

I have heard that once you marry a Filipina you are legally responsible to support her family.  This sounded outrageous enough to be true so I looked it up.  In the family code I found what might be it.  (man there is some crazy s#!^ in the family code!) 
 

 

The Family Code of the Philippines - TITLE VIII - SUPPORT

Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work. (290a)

Art. 105. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:

(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;
(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and
(5) Legitimate brothers and sisters, whether of full or half-blood (291a)

Source: http://www.weddingsatwork.com/culture_laws_familycode08.shtml

 

 

This seems to say a family is responsible to support each other - and by extension of marriage that would mean me?  Am I reading this wrong?  Are they f'ing crazy?!  If this is true I think we will just live together.  I can say no right now... what are the legal options?  I am one very confused kano right now ha ha  :tiphat:

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Mike J
Posted
Posted

I may be wrong, but I read it a little differently.  I would say you are must support your wife only, and any children the two of you may have together.  However, she is responsible for her parents, siblings, and their children.

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Bruce
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Either way.... having a law on the books and actually enforcing it are two different things. Also there are other details lacking. Are her brothers / sisters liable to support her (and therefore you)?

 

There is no provision noted for what determines who needs support vs those who refuse to work and then claim you must support them.

 

Lots of grey areas and may take years to file a case and have it go thru the court system. I do not see an issue for you.

 

Has anyone in her family made and references to you about your obligations to them under Phils law? If not, I would not worrry about it.... Unless you need a reason to NOT marry her and just live with her, then this looks like such a reason.

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Papa Carl
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I remember when Ellie and I got married, (in Pasig, by the last Hanging Judge in the Philippines! Ha Ha), she said to me, during the ceremony, you do realize that you are taking on the responsibility for your wife and her family!

 

As I recall I was in a bit of a daze, and nodded my head, at which point she repeated her statement and would not continue until such time as I verbally acknowledged with a positive!!!!

 

Oh God, what have a done!!!!!!

 

Ha, Ha, I guess I don't have to worry really, as I appear to be doing that anyway!

 

 

Papa Carl

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Old55
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Posted

When this law was first enacted we had a long thread to do with it. I'm off to work don't have time to link it now. The fact the wording is vague it seems a well to do person (or rich Kano) could in fact be held accountable to provide close family.

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jpbago
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If a case was filed against you for support of your ex or anyone from her large family, it could mean big trouble as they might freeze your PI bank accounts and might take your passport until the case is settled. It will take 2 - 4 years unless you make an out of court settlement. Beware if there is a lawyer in the family.

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Tukaram (Tim)
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No lawyers... but I have had to turn down moochers. 

 

I was just curious what other peoples interpretation - or experience- has been.

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jon1
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It looks to me like there is just too many vaguerities in that code. For them to file a suit against you it will cost them money which most do not have. I doubt that anyone could win a case for this filed on the behalf of a brother, sister, mother or father. Like others said, where does the responsibility of the other siblings end? Why would just you/your girl be the responsible party (other than you are involved and we all know how deep pockets us expats have? hahaha)?

 

If I were you, I would talk to your girl about this subject and come to an agreement on what (if any) you are willing to entertain. I explained to mine what I was willing to help with. I also give her an allowance and if she wants to turn some or all of it over to them it's up to her. 

 

just my $.02 from a barracks lawyer. 

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brock
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It boils down to whoever has the most money is the one that is responsible for every other member of the family

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GregZ
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Posted

I resemble jon1 on this one, but don't call it allowance because I gave that to my kids.  I give her some spending money. Semantics! 

 

I do give a lot but if I did not they would not ask for it especially in court.

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