Dear Attorney,
I would like to seek your advice regarding my parents’ annulment and my right to support. They have been separated for some time now, and my father is planning to file for annulment. Although I am already of legal age, I am still studying. Could you help me understand whether I am still entitled to financial support from my father despite their annulment proceedings?
Sincerely,
A Concerned Child
Insights
In the Philippines, the issue of support during and after annulment proceedings is a common legal concern, particularly when it comes to children, whether they are minors or already of legal age but still dependent. Annulment, while dissolving the marital union, does not necessarily terminate a parent's obligation to support their children.
Legal Right to Support for Children
Under Philippine law, specifically the Family Code, parents are obligated to provide support to their children. This includes financial aid for sustenance, education, and well-being. The obligation to support a child does not cease when the child reaches the age of majority (18 years old). If the child is still studying or is unable to support themselves due to a legitimate cause, support may continue beyond the age of majority.
Annulment Does Not Affect Child Support
Even if a marriage is annulled, this does not affect the parents' responsibility to support their children. Article 194 of the Family Code of the Philippines outlines the legal requirements of support, which extends to legitimate and illegitimate children alike. While an annulment dissolves the marital bond, both parents remain responsible for ensuring their child's financial needs are met.
If the child is already of legal age but still studying, they are entitled to receive educational support from both parents. This includes tuition fees, books, school materials, transportation, and other necessary expenses.
The Child’s Right During Annulment Proceedings
During annulment proceedings, the court typically issues temporary support orders to ensure that children, regardless of age, continue to receive financial support. In some cases, if one parent fails to comply with the support obligations, the other parent or the child may seek enforcement through legal remedies.
It is also worth noting that the determination of the amount of support will consider the financial capacity of the parent and the needs of the child. Courts may modify support obligations depending on changes in circumstances.
Seeking Legal Assistance
Given the complexities involved in annulment and support cases, it is crucial to seek professional legal advice to ensure your rights are protected. A family law attorney can provide specific guidance based on the details of your situation, ensuring that you or any concerned party receives the appropriate support entitled under the law.