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: MY husband (or wife) abandoned me with my children. He/She then filed for divorce. I now have to deal with my mortgage and monthly bills. My husband/wife is not helping my family financially. What will I do? A: You may want to consider requesting the court where the divorce was filed to order your husband/ wife to pay spousal or child support while the divorce is pending. Of course, if you are the only person who earns during the time that you were living as husband and wife and you have been paying all the bills, you cannot expect the court to issue any temporary sup- port orders. Q: How can I ask for temporary child/spousal


Q support?


A: You will need to file an Order to Show Cause (OSC) requesting temporary child/spousal support (and also child cus- tody) and some other papers or court forms including a declaration which will explain all the reasons or grounds for your request for support.


The purpose of this OSC is for you to obtain an immediate legal relief when you and your spouse cannot reach a temporary or interim agreement with respect to the issues of child / spousal support; custody and visitation; or other child living arrange- ments. Thus, an OSC is an order issued by the Court to your spouse to explain or show cause why your requested order should not be granted. Q: What do you call the specific court forms that need to be filed?


A: Some of the court forms that should be filed are the following: Order to Show Cause form; Application for Order and Supporting Declaration form; Income and Expense Declaration form; Child Custody and Visitation attachment form; Temporary Orders; and Proof of Service.


After you file these forms with the clerk, you should get a hearing date. You should then serve (meaning, any person at least eighteen years of age and not a party to the case) other party so that he/she has 21 days notice if personally served or 26 days if served by mail. Q: 21 or 26 days is too long. What if I like an immediate child/spousal support now? A: You may consider doing an ex-parte. An ex-parte procedure is available when you need to get a relief now and you can- not wait for the formal notice time required for an OSC hearing to elapse. But there must be some justifiable reasons why you want ex-parte order, instead of filing the regular OSC. Requesting for temporary child/spousal support or child visitation or custody via ex-parte proceeding is the EXCEPTION rather than the rule. ***


Atty. Tonisito Umali is a member of the California State Bar and Integrated Bar of the Philippines. He is also a member of the American Bar Association, Los Angeles County Bar Association and San Fernando Valley Bar Association. Atty. Umali ob- tained his Bachelor of Science major in Legal Management and Juris Doctor de-


grees at the Ateneo de Manila University. He served as a legislative officer to former Philippine Senator Nikki Coseteng and then Philippine House of Representatives Majority Floor Leader (now Senator) Mar Roxas II. He also worked as a legal consultant to former Philippine Senate Majority Floor Leader Loren Legarda. He taught Philippine Constitution and Philippine Local Government Code in one of the largest Philippine State Universities (Polytechnic University of the Philippines). He also worked for the law firm established by a former Philippine Attorney-General prior to forming his own law office with his late father. Atty. Umali also served as


YOUR LEGAL PRIMER


resource speaker in various seminars and wrote several articles for some Philippine non-government organizations. For your free initial consultation, you can contact him directly at (213) 383-6704 or (818) 831-0486.


Disclaimer: The information provided


Visit www.Balita.com Order to Show Cause: Temporary child support and custody


merely conveys general information re- lated to the filing of OSC for temporary child/spousal support cases. The author makes no warranty, expressed or implied, nor does he accept liability in regard to the completeness or results of the information provided on this article. ■


31


BY ATTY. TONISITO M.C. UMALI


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