Married we separated I go abroad because of lack communication and lack support I see a boyfriend outside but no evidence now I want to file for support of the kids is it okay or maybe they will file also me a case because I have a boyfriend but they don'

Hello: Thank you for reaching out. I understand your situation is heavy and you simply want to secure support for your children. Presuming this is under Philippine jurisdiction, let me walk you through this clearly. Firstly, Atty. Jofre, the law is very straightforward. Your right to demand child support is not removed just because you became separated from your husband or because you had a relationship while abroad. Under the Family Code, parents are legally obligated to support their children regardless of marital issues. Support covers food, schooling, medical needs, clothing, and other essentials. If the father is not giving regular support, you have every right to file for support in court or before the barangay if he still lives in the same city or municipality. Secondly, regarding your concern about him possibly filing a case against you because you “had a boyfriend,” adultery requires strict proof. It is not enough that someone says you had a boyfriend. The law requires actual evidence of sexual relations with a man who is not your husband. Mere messages, pictures with no sexual element, or gossip are not enough. If there is no evidence of actual sexual relations, he cannot successfully file adultery against you. In fact, filing support for your children is not affected by any marital accusation unless there is a FINAL criminal conviction, which is very rare without clear proof. a.) If the father refuses to support, you may file a Barangay Complaint for support or go directly to court for a Petition for Support. b.) Since you are an OFW, you may authorize your parent or sibling to file on your behalf using a Special Power of Attorney. c.) You can also seek a Protection Order under RA 9262 if he uses threats, harassment or financial abuse as a weapon to avoid giving support. Lastly, please remember that having a boyfriend after years of separation is not uncommon, and the law looks at evidence, not assumptions. What matters now is the welfare of your children. If you want us to assist you, Recososa Law Firm can help prepare the petition and guide your family so the case moves smoothly while you are abroad. We are located in the Philippines with offices in Luzon, Visayas and Mindanao. You may also request a Google Meet or Zoom consultation if you are still abroad. Just mention that you are a client from LawZana. Please also like and share our Facebook and Google pages. This support inspires us to help more people.