Best divorce strategy for my currently married/separated Filipina girlfriend

[Unlockable 7,309]

"Cheapest and quickest" is a relative term in this situation. I don't see any option being any of the two.

 

But I guess it is still better than the alternative.

[payxibka 10,044]

11 minutes ago, Ugly_American said:

 

I like the Guam plan, provided these two requirements 1). She obtains a tourist visa (not easy) and 2). She works with an attorney who can draft a document and witness the husbands signing of this agreement which the husband agrees to the divorce and custody arrangement (full custody for her). The husband of course needs to be located first. His motivation is avoiding back payments of child support and any future expenses and marital freedom.   

 

The Guam strategy could work but it’s just an extra dice to roll in this unlucky game. 

I think you need to educate yourself on child custody laws in the PI.   

[Ugly_American 11]

14 minutes ago, Chris Duffy said:

Does she have a court order for him to pay child support in Philippines? I have never heard of a guy paying for child support there.

 

Many guys in Philippines just have a second family due to the fact they can't get or don't want to pay the large fee for annulment in Philippines. Rather common for a man to be married and then go off and take another "wife/Girlfriend" and have a new family and abandon the first legal wife.  

No. There is no court order for the husband to pay child support. I was speculating on how civilized countries care for their children.

 

I already previously voiced my frustration about how little protection there is for the women and children of the Philippines with regards to husbands vacating their responsibilities. In fact the father of my girlfriend abandoned her mother (to whom he is still married) and he has children with three other girlfriends.

 

I love the Philippines and its people, but I hate the laws which don’t fairly protect the women and children. And those same laws create weak, irresponsible men. And then those kids grow up without good male roles models. It’s such a terrible system there and REALLY drags down the already poor economy. 

Edited March 25, 2019 by Ugly_American
Clarity

[Ugly_American 11]

8 minutes ago, payxibka said:

I think you need to educate yourself on child custody laws in the PI.   

Agreed. I need to educate myself on everything. This post is dipping my toe into the murky waters of divorce in the PI. I’m not even yet swimming. But with everyone’s help I’m getting a better grasp of possible strategies. 

[Hank_ 9,173]

46 minutes ago, Ugly_American said:

Thanks for all the comments. I think this will have to be a multi-pronged attack. I feel like MacArthur planning an attack. Pursuing multiple strategies simultaneously is probably the way to go. And to be clear I don’t intend to shirk any laws although I am interested in any legal shortcuts. Spending $10k on an annulment is probably one prong of this attack. Obtaining a signed agreement from the husband whereby he agrees to the divorce and loss of custody while gaining an agreement not to be held financially responsible for past or future child support is another prong. Such a document may be acceptable to the Philippines in combination with a legal divorce in Guam or elsewhere. 

 

So yes, I don’t want to spend $10-20k on all these tangential strategies, but there’s no guarantee any of this will even work. It’s honestly sad thinking about all the obstacles which doubtless ruin many relationship hopes. 

 

As for the B-1 visa... I once had a Thai girlfriend who, on her own successfully obtained a B-1 visa, spent two months with me in the US then returned. If that is a worthy precedent, then perhaps the US would factor in my past responsibility and obtaining a similar visa will be possible. The B-1 isn’t necessarily part of any long term plan, but establishing a good standing with regards to visas can’t hurt. 

 

The Tourist visa is based solely on the applicant convincing the CO at the interview that there is no "danger" of overstaying .. etc.   And this is done by showing strong ties to their home country; job, real property, and such.

 

As many know, in the Philippines it is all an uphill battle with the tourist visa.

[Ate 180]

9 minutes ago, Ugly_American said:

I love the Philippines and its people, but I hate the laws which don’t fairly protect the women and children. And those same laws create weak irresponsible men. And in tern those kids grow up without good male roles models. It’s such a terrible system there and REALLY drags down the already poor economy. 

 

There is actually a law that makes it a crime to not pay for child support (punishable by prison time and a fine).  Sadly, too few Filipina mothers know about this law or have the resources to sue their deadbeat partners.

 

Anti-Violence Against Women and Their Children Act of 2004

https://pcw.gov.ph/law/republic-act-9262

 

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:

 

(e) (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support;

 

[payxibka 10,044]

2 minutes ago, Ate said:

 

There is actually a law that makes it a crime to not pay for child support (punishable by prison time and a fine).  Sadly, too few Filipina mothers know about this law or have the resources to sue their deadbeat partners.

 

Anti-Violence Against Women and Their Children Act of 2004

https://pcw.gov.ph/law/republic-act-9262

 

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:

 

(e) (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support;

 

You can't deprive suppory legally due if their is no legal finding of support to begin with.

[Ate 180]

20 minutes ago, payxibka said:

You can't deprive suppory legally due if their is no legal finding of support to begin with.

 

Legal basis for the requirement for child support is The Family Code of the Philippines --

 

Art. 195. 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;

(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;

 

https://attorney.org.ph/legal-news/category/4-child-support

 

This article may be particularly relevant to the OP's girlfriend --

 

Financial Support for Abandoned Women and Children

https://attorney.org.ph/legal-news/298-financial-support-for-abandoned-women-and-children

 

Edited March 25, 2019 by Ate

[payxibka 10,044]

13 minutes ago, Ate said:

 

Legal basis for the requirement for child support is The Family Code of the Philippines --

 

Art. 195. 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;

(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;

 

https://attorney.org.ph/legal-news/category/4-child-support

 

This article may be particularly relevant to the OP's girlfriend --

 

Financial Support for Abandoned Women and Children

https://attorney.org.ph/legal-news/298-financial-support-for-abandoned-women-and-children

 

Again, if their is no legal court order of support establishing a financial obligation their can be no deprivation 

[Ate 180]

4 minutes ago, payxibka said:

Again, if their is no legal court order of support establishing a financial obligation their can be no deprivation 

 

A court order is not required to establish that parents have a financial obligation to support their children.  The Family Code already established that.  But if a father abandons his family, the mother will need to go to court to get government assistance to compel the deadbeat father to fulfill his financial obligation.

 

[payxibka 10,044]

1 minute ago, Ate said:

 

A court order is not required to establish that parents have a financial obligation to support their children.  The Family Code already established that.  But if a father abandons his family, the mother will need to go to court to get government assistance to compel the deadbeat father to fulfill his financial obligation.

 

So if he pays 1 php a month he's in the clear

[Chris Duffy 1,257]

59 minutes ago, Ate said:

 

There is actually a law that makes it a crime to not pay for child support (punishable by prison time and a fine).  Sadly, too few Filipina mothers know about this law or have the resources to sue their deadbeat partners.

 

Anti-Violence Against Women and Their Children Act of 2004

https://pcw.gov.ph/law/republic-act-9262

 

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:

 

(e) (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support;

 

There are many laws in the Philippines

 

But too many are never enforced

[Ate 180]

17 minutes ago, payxibka said:

So if he pays 1 php a month he's in the clear

 

Please read the links I posted above.  The law has provisions on how much support is owed and the punishments for not meeting that obligation.  But the abandoned mother must initiate court proceedings to assert her and her child's rights.  No such thing as simply calling local police and having them arrest the deadbeat.

 

Edited March 25, 2019 by Ate

[Ate 180]

1 minute ago, Chris Duffy said:

There are many laws in the Philippines

 

But too many are never enforced

 

Yes, sadly   And there is no law that forces Filipina women to sue if they don't want to.  Even with the "Anti-Violence Against Women and Their Children Act", so many abandoned wives/mothers just let their partners be and they take on the burden of raising their children on their own.  Or their other family members pick up the slack.  Sigh.

 

[payxibka 10,044]

15 minutes ago, Ate said:

 

Please read the links I posted above.  The law has provisions on how much support is owed and the punishments for not meeting that obligation.  Short version: the father will never be free of child support obligations until the child reaches the age of majority.  But the abandoned mother must initiate court proceedings to assert her and her child's rights.  No such thing as simply calling local police and having them arrest the deadbeat.

 

Everything I read is that a  petition of determination or demand for child support must be made first.