Cash Allowance for Children of Missing Parents: Legal Entitlement for Child Support in Absence of the Father
In the scenario where your kid from your first marriage was collecting alimony from their soldier father, who recently went MIA during a special military operation, and now the alimony payments have ceased, you might wonder if they're entitled to his military pay. Well, here's the lowdown:
If your child lives with the MIA soldier father and he doesn't have a spouse, they can collect his military pay. However, with a spouse and a "missing" status, they'd lose that right. Fret not, for according to a Presidential Decree issued on December 26, 2024 (let's call it PD1110), your child still qualifies for a monthly social payment.
Now, here's some insight on related legal matters:
- Military Pay: Typically, military personnel receive pay and allowances. Upon going MIA, dependents may still receive these payments, but the exact circumstances and applicable laws determine eligibility.
- Social Payments: These could be pensions, scholarships, or welfare support, available to military personnel's dependents. Eligibility often hinges on the dependent's status and specific legal provisions.
- Remarriage Impact: Sometimes, a missing person's remarriage can influence the continuation of benefits. This depends heavily on the particular legal provisions and circumstances surrounding the remarriage.
- Minor Kids' Rights: Generally, minor children have legal rights to support and benefits, even if their parents remarry. These rights are usually backed by family law and could include military and social benefits.
In the Philippines, the Constitution, the Family Code, and other laws establish the framework for family relations and support duties. Additionally, military-specific decrees and laws will dictate the exact benefits and rights available. Still, since PD1110 has been mentioned, it's crucial to consult this decree, or Philippine laws, for a clear-cut understanding of this issue.
- In the context of the PD1110, your child may still receive a monthly social payment, regardless of the alimony and military pay situation, due to certain social payments being available to military personnel's dependents.
- In terms of personal-finance, it's essential for you to understand the regulations surrounding military pay, social payments, remarriage impact, and minor kids' rights, especially in the Philippines where laws like the Family Code, Constitution, and PD1110 set the framework for family relations and support duties.
