Rappler online news wrote
What solo mothers should be told instead
Rappler (ANA P. SANTOS) :
Looming deadlines have taught me to tune out the background music and chatter of the radio in the various coffee shops that I call my office for the day. But on this particular day, the letter from a listener that the DJ read caught my attention.
“My husband left me and our children for his mistress. He seems to be happy now with her. How can I move on from this? I just want him to support our children and help out with expenses without the usual excuses and delays.”
The DJ very kindly offered some advice about moving on and some platitudes about how child support is a matter of conscience and how sadly, some men don't have a conscience.
Then she gently reassured the listener that single mothers are blessed because God knows they are alone.
Child support is a responsibility
First of all, child support is not a matter of conscience. It is a responsibility and, yes, quite an expensive one. Education, healthcare, dental needs and other everyday costs like baon, supplies and school bus add up to a pretty nifty sum. Now, multiply that by the number of children you have.
Child support is an imperative. It is the symbolic umbilical cord that is not severed until the child can earn his own living. Sometimes in the Philippine setting, not even then.
Telling the woman that child support is dependent on someone's conscience was implicitly telling her that there was nothing she could do about her situation. In truth, a woman who finds herself in this position has options such as those provided for by the law: The Family Code and Anti-Violence Against Women and their Children Law (VAWC).
my opinion:
I totally agree on her with this part that support of the child is a responsibility we have laws yes but do you have any idea how the justice system work? It work slower than a turtle walk and because of this many victims of VAWC in the process of seeking justice give up of the fight. Going to court is stressful, mental and emotional you'll get tired.
This is my story if this happen to me I am sure it is happening and happened to many woman and children out there that are just keeping their silence.
2 years ago I have file a VAWC case in Paranaque. My face was swollen and I could barely walk because of my injure foot. The father of my child whom I sue is a businessman who owns 6 companies in Paranaque the rest you get the picture when you have money.
They hide my daughter to me despite of having police go pick her up and DSWD for 14 days until I decided to put things in my own hand. Called press, go to the barangay office in Tambo and finally go to the condo to rescue my lil girl whom he have threaten to kill if I plan to escape and don't do everything as he said.
Imagine that from swollen face and injured foot to heal physically but tormented by the trauma cause of the abuse and nothing is happening in court.
Our justice system is too slow that make the victims more suffer and if you are fighting with a person who have money it gets slower.
There are laws written and approved yes but until the Supreme Court decided to mandate to have sensitive cases like VAWC be resolve in less than a year then all victims will never feel the justice and laws that should have protected them.
Rappler (ANA P. SANTOS) :
The Family Code
Under the Family Code, as long as the father is gainfully employed, a child (who is in the custody of the mother) is entitled to receive child support.
According to lawyer Beverly Ann Noriega, whom I interviewed for an article about how to negotiate child support without looking needy or greedy, Title VIII, Article 194 of the Family Code stipulates that a biological child is automatically entitled to child support. “The law does not distinguish between legitimate or illegitimate children,” said Noriega. Child support is not contingent on the legal union of the parents and covers “all things that are indispensible” such as food, clothing, education, medical needs, among others.
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There is no specific set amount for child support. It depends on the child’s needs and the giver’s earning capacity. The amount of child support is also not fixed; it may diminish over time as the child’s needs are also reduced, like in the case of tuition.
You will have to make a written request to the father for child support and you must show proof that this request was received. The request for child support can be made even while legal proceedings to dissolve your union are under way. That only seems practical considering the time it takes to get an annulment.
MY OPINION:
Totally true but do you know also that they abuser also can find ways not to declare their real earnings just to escape to properly support their children? And whats worse if everyone around him in the company he works or owns will help him to do so. Now what will happen to the poor child?
Greed is an evil thing.
Rappler (ANA P. SANTOS) :
R.A. 9262: Anti-VAWC
Under R.A. 9262 Section G, Point 8, you may file for a protection order directing the father to provide child support. Under what is known as salary garnishing, the protection order may stipulate a percentage of the income or salary be withheld by the employer and automatically remitted to the woman.
Both the respondent (the one who is supposed to give child support) and the employer may be charged with contempt of court if they fail to comply or if they delay remittance.
Do take note that if he moves to another company; you will have to make this arrangement again with his new employer.
MY OPINION:
True but you know what is painful when your lawyers instead of putting you welfare first they put their earning first on the settlements. And victims will just settle because they start losing hope of getting proper justice because of some lawyers love money more than their fighting for their client and how slow the system is.
THIS IS THE PAINFUL TRUTH OF VAWC VICTIMS SPECIALLY THE ONES WHO DOESNT HAVE MEDIA TO HELP THEM GET JUSTICE FAST.
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