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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSO. Support (Family Code, arts. 194-208)

Question

III. PERSONS AND FAMILY RELATIONS: O. Support (Family Code, arts. 194-208)

Scenario:

Rosie and Carlos got married in 2010 and have two children. They lived a happy life together until Carlos lost his job due to the pandemic. As a result, Carlos has been struggling to provide financial support for his family.

Recently, Rosie decided to file for support from Carlos to ensure that her children's needs are met. She seeks your legal advice on matters concerning support under the Family Code. Assess the following situations and determine whether the claim for support is valid or not, based on the relevant provisions of the Family Code.

  1. Rosie wants to claim support from Carlos for their children, who are both minors and currently studying in private schools. Carlos argues that he can only afford to pay for public school fees. Is Rosie's claim valid?
  2. Carlos got a job offer abroad and plans to move there to provide a better life for his family. Rosie is concerned about losing the child support if Carlos leaves the country. Can Rosie still claim support even if Carlos is living abroad?
  3. Rosie has a stable job and earns more than Carlos. She argues that Carlos should not be entitled to support since she can handle the financial needs of their children on her own. Is Rosie's argument valid?



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Bar Review Question: III. PERSONS AND FAMILY RELATIONS: O. Support (Family Code, arts. 194-208) Scenario: Rosie and Ca