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jail time for those who don't pay child support

Discussion in 'News and Weather' started by DavyL200, Nov 8, 2015.

  1. DavyL200

    DavyL200 DI Forum Luminary ★ Global Mod ★ ★ Moderator ★ Highly Rated Poster Showcase Reviewer

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    Now this really is a joke,who's going to enforce this?
    A jail time of up to two years await parents who will refuse or fail to give legal child support without justifiable cause, if the bill filed by Manila Rep. Rosenda Ann Ocampo becomes a law.

    Under House Bill 6079, legal child support refers to the amount determined by a court order or under a parenting agreement approved in court, or issued under a protection order pursuant to Republic Act 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004. The amount should be remitted by the parent obliged to give support to the parent who has the legal custody or parental authority over the child.

    The measure makes it unlawful for any person to refuse or fail to give legal child support without justifiable cause, amounting to more than P30,000 or for a period of more than six months.

    Likewise, any person who pays less than the amount determined by the court as legal child support amounting to more than P30,000 or for a period of more than one year shall be penalized.
    - See more at: Bill criminalizes parents' failure to give legal child support | News | GMA News Online
     
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  2. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

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    While wearing a crash Helmet no Doubt, and Smoking on the Boulevard when arresting them. Yep Davy, I agree by Who? It's all Manifesto Claptrap.

    Jack:bag:
     
  3. DaveD

    DaveD DI Senior Member Showcase Reviewer Veteran Navy

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    :roflmao: Nice on paper but if they arrested all the delinquent fathers they wouldn't have anywhere enough room for them all and who would guard all the prisoners when all the police, prison guards and everyone else are already in jail...
     
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  4. RR_biker

    RR_biker DI Senior Member Veteran Marines

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    This country has an expertise on making laws that goes beyond any imagination as enforcement is not part of it so.............!!
     
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  5. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

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    :meh:What about the Mothers who Abscond and leave the Kids with Family and never pay towards their keep, We have 2 nieces (Sisters) Both Reportedly Working on other islands but Both Nephews say they getting nothing in Support. The Object of them being away is to Earn, One sided Law again?

    Just saying :jawdrop:

    Jack:unsure:
     
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  6. Cerne

    Cerne DI Forum Adept

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    Hmmmmm, seemingly unenforceable but a step in the right direction. I'll provide an example, the trouble n strifes' sister was deserted some 10 years ago by her husband. He just disappeared overnight leaving 3 kids. Of course family being family they knock on our doors for support from time to time. She has 3 great kids and it seemed yet another story of injustice after injustice with the kids suffering. What he didn't count on was how p*ssed off I would become dipping into my pocket every 10 minutes for a few kilos of rice, a pair of shoes, school whatever or medical bills.

    So I hired an attorney on her behalf and a Private Eye to track him down. Turns out he was living the life of Riley as an OFW in Europe. d*mn near earning as much as me with a new squeeze and a couple of kids in the smoke here in the Phils. One court case later has saved me a heap of Pesos: Costs awarded, a financial lump sum to the sister and a regular liveable income to her with the threat of jail time if he defaults. The charge would be estafya, contempt, economic violence and a heap of other stuff. Bang to rights.

    I guess the law is there (unfortunately if you can afford it); so any step forward for children's and women's rights in these instances is good news to me - and yes that goes for women deserting their kids too. Being the optimist I just hope it is regularly, fairly and properly enforced. Then again I am the Patron Saints of Lost Causes.....:smile:

    C
     
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  7. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    It does say "parent" and not father. If a mother dumps a kid on relatives (or anyone else) and they don't take her to court and get a judge to order child support then this law will pose no threat to the POS mother. As for enforcement: I would guess that if a person had enough resources and motivation to take a parent to court in the Philippines they would likely have enough resources and motivation to get the law enforced on the deadbeat parent. I'm sure there will be plenty of cases where the deadbeat parent will be hard to find though. I bed a judge would have no problem issuing an arrest warrant after a couple no-shows in the courtroom from the deadbeat parent. Might not lead to an immediate arrest but it surely wouldn't make life any easier for the person.
     
  8. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

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    Yes I see that now but in the main, it always seems to point the Finger at Fathers, that really was my Point as was said in other Post & 9/10 it tells only of errant Fathers but as I say, there are plenty of Bad Mothers out there, For me, if it is an Equal law then Fine But....................:whistling:

    Jack :wink:

    ps As I write this I have just Remembered that one of the two Nieces is now Pregnant, 6 months apparently and she has not been Home for over a year, So her Husband was here asking about Lawyers and Copies of this Adultery Law. seems he is doubly not happy. :unsure: But Jack is staying well out of this one, lets see how United these Families really are when the proverbial :poop: Hits the fan. ( I thought it would be OK to put this here as it is all Part & Parcel) The men do it and seems the Ladies Too.

    * Dustin if it goes off Topic maybe best to Spit the post and Start a new One YES? *
     
  9. PIfan

    PIfan DI Member

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    How does one get a judgement in a country that is not part of the Hague convention and is corrupt as hell have any meaning in a country in Europe? Was it due to the guy being an OFW? Hard to believe any word coming out of the Philippines could be used elsewhere
     
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  10. Cerne

    Cerne DI Forum Adept

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    Hi,

    easy peasy. I gave her P1K for a consult with a law firm in the Dumaguete. They wanted about P20K for registering a case and bringing it to Court -admin etc. The PI was P9K p.week to track him down (he left for Europe on a OFW contract)...total outlay I guess in the region of 30-40K all said and done.

    When it came to Court it was an open and shut. The Phils does have laws, they do wish to enforce them (surprise surprise). The judgement awarded costs ( I got my outlay back), she got child support and a lump sum for backdated stuff - and if the sap refused to pay up the Court would have withdrawn his passport making it impossible to work - and facing jail time on return from Europe (contempt etc, violation of the violence against women laws as they count economic violence too. A heap of other stuff too. He was looking at 2-4 years jail if he failed to comply).

    The sister-in-law obtained a court order for the employees firm in Manila to take the money direct from his wages. Everybody's happy...well not the ex as he thought he was as free as a bird and everything was just peachy with his new set up and live in bit of fluff. Rude awakening alert!

    I just got tired of forking out all the time for the necessaries for her kids. I don't see why I should have to impoverish myself just as he decides family life is too burdensome and the grass is greener. A bit of research on this pays off...if you want the Attorneys name and more detail PM me, this was a 4-6 month effort with a slam dunk at the end. Cheers.

    C
     
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