How can I file a complaint against my spouse abroad for not providing support to our child?
In the Philippines, ensuring that a child receives adequate support from both parents is a critical concern. If your spouse is working abroad and fails to provide financial support for your child, there are legal avenues you can pursue to address this issue.
1. Understanding Legal Obligations: Under Philippine law, both parents are obligated to provide financial support to their children. This responsibility does not cease even if one parent is working abroad. The Family Code of the Philippines (Executive Order No. 209) mandates that parents must support their children in proportion to their resources.
2. Initial Steps:
a. Communicate: Before resorting to legal action, try to communicate with your spouse regarding the necessity of child support. Sometimes, issues can be resolved through dialogue and mutual agreement.
b. Mediation: If direct communication fails, consider mediation. The barangay where you reside may offer mediation services. Barangay officials can help facilitate an agreement between you and your spouse.
3. Filing a Legal Complaint:
a. Prepare Documentation: Collect evidence of your spouse's failure to provide support. This can include communication records, bank statements, and other financial documents. Proof of your child's needs, such as school fees and medical expenses, is also necessary.
b. Seek Legal Assistance: Consult a lawyer who specializes in family law. A lawyer can provide guidance on the legal processes and help draft the necessary documents for filing a complaint.
4. Filing with the Public Attorney's Office (PAO): The Public Attorney's Office provides legal assistance to those who cannot afford a private lawyer. Visit the nearest PAO office and request assistance in filing a complaint for child support.
5. Filing a Case with the Family Court:
a. Drafting the Petition: With the help of your lawyer or PAO, draft a petition for support and submit it to the Family Court. The petition should include details about your financial situation, your child's needs, and your spouse's failure to provide support.
b. Court Proceedings: Once the petition is filed, the court will schedule hearings. Both parties will be required to present evidence and arguments. The court may issue a summons to your spouse, even if they are abroad.
6. Enforcement of Court Orders: If the court rules in your favor, it will issue an order for child support. Enforcing this order can be challenging if your spouse is abroad. However, the court can coordinate with the Department of Foreign Affairs (DFA) and the Overseas Workers Welfare Administration (OWWA) to locate your spouse and enforce the support order.
7. Seeking Assistance from Government Agencies:
a. Overseas Workers Welfare Administration (OWWA): OWWA provides assistance to Overseas Filipino Workers (OFWs) and their families. They can help locate your spouse and mediate the provision of support.
b. Department of Social Welfare and Development (DSWD): DSWD offers various support programs for single parents and children. They can also provide legal advice and assistance in filing complaints.
8. Filing a Complaint with the Embassy: If your spouse is employed abroad, you can file a complaint with the Philippine embassy or consulate in the country where your spouse resides. The embassy can assist in facilitating communication and legal actions in coordination with local authorities.
Conclusion: Filing a complaint against a spouse who is abroad for failing to provide child support involves several steps, including legal proceedings and coordination with various government agencies. It is essential to seek legal assistance to navigate this complex process effectively. By taking the appropriate legal actions, you can ensure that your child receives the support they are entitled to.