Question

Topic: O. Support (Family Code, Articles 194-208)

1. Anna and Ben are married and have two children, ages 7 and 9. Due to financial difficulties, Ben stopped providing support for the family. Anna wants to file a case for support against Ben.

a) What legal remedies are available to Anna to seek support from Ben for their children? Discuss each remedy and the corresponding legal requirements.

b) If Ben claims that he is unable to provide support due to unemployment, what factors should be considered by the court in determining his capacity to provide support?

c) Assuming Ben voluntarily gave financial support for a few months but stopped afterwards, can Anna demand retrospective support for the period when Ben was not providing any support?

d) Suppose Ben and Anna have been living separately for the past year and Anna has custody of their children. Can Ben be compelled to provide support for Anna in addition to the support for their children? Explain your answer in light of the provisions of the Family Code.

2. Maria and Carlos have been living together as common-law spouses for 10 years. They have two children, ages 5 and 8. Maria recently discovered that Carlos has been having an affair and decided to end their relationship. She wants to claim support for herself and their children from Carlos.

a) Are common-law spouses entitled to receive support under the law? Discuss the legal basis for your answer.

b) If Maria decides to file a case for support against Carlos, what factors should the court consider in determining the amount of support to be awarded?

c) Suppose Carlos argues that he should not be obligated to provide support to Maria because she has been working and earning a substantial income. Can Maria still claim support despite having her own source of income? Explain.

d) If Maria and Carlos decide to enter into a written agreement regarding support, does this agreement have legal effect? Discuss the requirements for a valid support agreement between common-law spouses.