Dear Atty. Angela,

I am married with four children living with my parents-in-law. My husband is working in their family business while I stay at home taking care of our children.

I discovered that my husband is cheating on me with our house helper so I left our home together bringing with me the kids.

Unfortunately, I have no source of income and my husband's income is not enough to support our children. Can I legally ask for support from my parents-in-law as well?

If they force me to go back to their home, can I refuse?

Maria

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Dear Maria,

Yes, the grandparents are liable to provide support — but only to their grandchildren by virtue of their being blood relatives.

The liability of ascendants to provide legal support to their descendants is supported by law. Since you and your husband could not financially provide for the children, the help of the grandparents may be legally sought.

In the case of Spouses Lim v Lim, G.R. 163209 (2009), the Court held that "although the obligation to provide support arising from parental authority ends upon the emancipation of the child, the same obligation arising from spousal and general familial ties ideally lasts during the obligee's lifetime. Also, while parental authority under Title IX pertains to parents, passing to ascendants only upon its termination or suspension, the obligation to provide legal support passes on to ascendants not only upon default of the parents but also for the latter's inability to provide sufficient support."

With respect to going back to your parents-in-laws' house, you could not be forced on this. Article 204 of the Civil Code provides that "the person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed, or by receiving and maintaining in the family dwelling the person who has a right to receive support. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto."