Through all the family cases that we have handled, we have come to accept, without discounting the contrary, the sad fact that bad blood exists between the opposing parties (e.g., estranged spouses in annulment/separation/property cases, siblings and relatives in estate proceedings). In particular, with respect to custody-support cases over children, it is easily understandable that custody is one of the more contested issues. However, the issue on child support should not be as complicated.
It should not be as complicated, but reality makes it so. Articles 195 and 196 of the Family Code enumerate the persons who are under obligation to support each other:
- (1) The spouses;
- (2) Legitimate ascendants and descendants;
- (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;
- (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter;
- (5) Legitimate brothers and sisters, whether of full or half-blood; and
- (6) Brothers and sisters not legitimately related, whether of the full or half-blood, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant’s fault or negligence.
On the other hand, the amount of support should be in proportion to the resources or means of the giver and the necessities of the recipient, pursuant to Articles 194, 201 and 202 of the Family Code:
Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.
The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work.
Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.
Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.
If you are a parent, it is safe to assume that you would want the best for your child and you wouldn’t hesitate to provide adequate support. However, it’s unfortunate that when it comes to support for the common children (whether legitimate or illegitimate), so many fathers still fail (or worse, simply refuse) to provide adequate support. Whatever the reason is, and regardless of whether or not these reasons are correct, the problem became pervasive, so much so that Congress saw it fit to “criminalize” (only against fathers) the withholding of support in certain instances. Not everyone knows that this is covered under Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women and their Children Act of 2004“. [See Laws on Child Support in the Philippines]
Not everyone also knows that R.A. 9262 provides for criminal sactions or penalties for failure to provide support or withholding custody, in certain cases. Well, now you know.
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Sir,
A blessed evening. I am married to a military officer who resigned from the AFP and now working as a permanent employee of the United Nations.
We separated in 2002,our daughter was then 11 months and the AFP placed my daughter in an allotment scheme.For two years, we received child support from him until his resignation sometime in January 2005.
I sought assistance from his military officers who summoned my husband to come back and provide a concrete plan of action.
He promised to give us his resignation benefits but after he was officially resigned from the service, he backed out from our agreement.
As I write this letter, the AFP headquarters cannot release the 50% resignation claims to us.
He also witheld from me his whereabouts and his capacity to financially support our daughter, now 5 years old.
A colleague of his took pity on our plight and gave the information, he now holds a permanent post as a UN employee based in Sudan. He said the rest is up to me.
My questions would be:
-can I write the UN about my husband’s non-support?
– would this case merit their attention?
I am in such financial difficulty right now and I am hoping that your answer can somehow spring some hope in me.
My deepest gratitude,
I am a seaman..i have 2 kids in my previous live in partner..we been seperated for almost 12 years from now…she take a way the kids and bring theme to other country she get married there…i never had a chance to meet my kids then…but this aug 8 . 2016 she ask me to meet the kids after long years…and now she is asking money for the kids…im legally married now and i have 1 daughter…how much should i give. And can i file a against this person???
why u should file a case..thats ur responsibility as a father..after so many years u ddnt give u should support them omg.
How can he support the childrin if his live in partner took it away from him, got married with another guy and for a long time he did hear any news about them. And all of sudden she will appear and ask for financial support. WTF! Is it the father’s fault? Of course not! so don’t get over reacted Ann. Jay is already asking how much and not as if he running from his responsibility.
isa po akong sea woman s ngayon at hiwalay po ako sa dati kong asawa ng halos 10 years napo.simulat sapol ang pagbibigay po nya ay hindi nararapat para masuportahan ang aking anak ….ang dahilan po ay dahil may trabho po ako…ngunit ako po ay isang f@b asst .lang at nasuweldo ng 450$ lo kada buwan…ngayon po gusto ko nang ipaglaban ang karapatan ng aking anak na buwan buwan na mabiguan sya ng suporta …at hindi lang yong kabit po nya at dalang anak..san po matulongan nyo ako kong no po dapat kong gawin..
maraming salamat po..
Yes u can…but first take dna
Javi g, Ann is correct he still the father and good for him after a long time this is the only time he will give support. Don’t judge the girl as maybe she has reasons why she took the kids away. Also, Jhay asks how much he will give so means he knows for himself that the children are his.
And Don, not all Filipina are bad or bullshit. Some men are dickheads!
that bitch she want scam u now after she ‘s gone in other country with kids and she didnt contact u until now.philipina is to bullsit woman
Don, watch your words. Not all Filipina is like that.
haha. just ignore that bitch
anak mo pa rin sila. pagusapan nio na lang kung magkano yung needs and kung magkano ung kaya mo pa ma balance. I am also in this situation, so I can relate.
all you ganna do is give support to your kids and for the meantime give anything amount u want and wait for legal demand from your ex if she wants and the court gives you instraction how much u give it is base on your capability
Good day atty..ano pomg pwde ko gawib kung ang ama ng mga anak ko ay nsskatan pag nkkita nila bagong fmily ng daddy nila..dun po sila nag stay s father dhil ayw magsustento..ano po ggwin ko?
My husband and I was separated for almost 6months, I want to ask the amount of financial support for my 6 kids, ages 17, 14, 9, 7, 4 & 2? I am in such financial difficulty right now because he only giving me 7,000/month, can I ask more?
Articles 195 and 196 of the Family Code enumerate the persons who are under obligation to support each other, thus: (1) The spouses; (2) Legitimate ascendants and descendants; (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; (5) Legitimate brothers and sisters, whether of full or half-blood; and (6) Brothers and sisters not legitimately related, whether of the full or half-blood, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant’s fault or negligence.
On the other hand, the amount of support should be in proportion to the resources or means of the giver and the necessities of the recipient, pursuant to Articles 194, 201 and 202 of the Family Code:
Can i ask for some advice? My parents were no longer together. My father was a civil engr in Riyadh for almost 20 yrs i guess. My mother is a housewife. Me and my siblings were staying with our mom since our father is working an ofw. Since 2015 he didnt able to send us our financial support until now. I am the one sending their daily expenses since he stopped sending money for my family. I am his 2nd daughter of 4 children of his and also an ofw since 2016. Now my question is can i file a case against my father for deportation ? We also heard from his family side that he got a live in partner in Riyadh also a filipina coz we saw the other woman with him together in some random pictures and she is also known by our relatives from my father’s side. What i can see also here they betrayed us, they kept it for a long time that our father has other family we didnt know until now. There are rumors before and until now but we keep our faith and ignore them and until now my father is not telling us the truth, we are all grown up, we can understand it. For me, he shouldnt stop his financial support for my siblings and for my mom since they were still married. What case i can file for my father?
Just want to ask..pag wala po bang work ang father..excused na sya sa pagsuport? Also.. he and his mistress cinverted to islam and was able ti get married. He was allowed to have a second wife when in fact he can not support his first family. Is this legal? Always reason nila not to support is wlang work. Thank you
You can visit VAWC desk (Barangay) and PAO nearest to you, they will give you the best advice and everything you should know about RA 9262.
hey Robi, hired someone to assassinate him. you can do it. Act normal, act simply and just do some extra careful.
sabihin mo sa mga anak mo magtiis nalang hanggang makatapos or else kunin mo sila at hingi ka nalang ng support kung ano ang kakayahan ng father
hi good pm. ask ko lang po. we are not married ng father ng anak ko. and may first family sya peeo hindi din kasal sa unang asawa. is my son has also the right for the support. coz after a year, hindi na sya nagbgay ng supprt financial. do i need to file a case for the father who is not supporting financially to his son? please thankyou for answering in advance
Shasta, I’m sorry to hear about your situation. I really don’t know the official stand of the U.N. when it comes to this matter, so I can’t tell if writing them will merit their attention. Worst case, they will sack him, but that would not be necessarily better for everyone because he would be out of work and may not be in a position to provide any financial assistance. I suggest you approach the legal aid institutions like PAO or IBP. You could also try law shool-based legal aid, like U.P., Arrellano, etc.
Good luck.
Atty..
Id like to know how i could also seek for your advice in this forum. I am in a really bad shape now. I dont know where to go and where to get help from. The father of my kid has just left for qatar. I feel like i am being psychologically harassed that i cant stop crying and thinking how to resolve our current situation that he put us through. I dont have a job because he didnt want me to work and threatening that if i work he will no longer support for our kid or just half of it which i cannot afford because i also have a kid from my former partner prior to him and she already goes to school. We are also renting. Ive been talking and begging for him to do somethinh about our current situation just to put us through til i find a job and get paid but he just keeps on saying irrational things or namimilosopo and even asking for me to send him my photos. I feel emotionally and psychologically abused and our present situation makes it worse and i feel like im close to losing my mind. I feel ill right now. He is even daring me if our law will protect me from what hes been doinh. Pls help me. What should i do?
Hi Sir, I am 20 years old and I am trying to reach out to my dad for him to assist me to pursue my college degree. I only completed 1 year in college and I am now currently working in a BPO company. He’s actually supporting me before but he’s not consistent. But right now he is not supporting me anymore for 2 years already. I keep on sending him messages in facebook but no answer. I’m actually seeing him as online but he keeps on ignoring my messages. My question is, How can I file a complain with my situation? I’m looking forward for your advice Sir. Thank you.
Actually I have the same concern for my son that goes to college as well. Father is in Kuwait for 16years. My children gets only 2k each per month and father is a chef for Dairy Queen Kuwait. All I want is help so that my son can finish college. He keeps on saying that it was my sons fault thats why he’s not sending him to college. He has a live in partner in Kuwait. If I could send them both to jail. Or can I? What steps do I have to do?
I have the same situation. my husband and i separated 5 years ago. we have 3 kids and he is supporting 5 k per kids inclusive of everything, health, school and birthdays. he is earning way more. i am asking him to increase the kids allotment as needs is increasing also. been almost begging him for more than 5 years. regarding the allotment. is there any way i can get the proper allotment aside from going to his agency?thank you.
u cant do nothing coz u have 20 years. just tell hem thank u coz he suported u until 18 years. very good father .
Good after po sir buntis poh kc aq ngayon pro ung tatay ng anak q hnd na ngpaparamdam skin isa poh syang foriner.. sinabi q na sa knya ang kalagayann q pero egnore lang nia ako. Hnd cnasagot twag q. Anu po dpat gawin pra masuportahan nia ang dnadala q..andto pa sya now sa pinas
Learn to type properlt first 🙂
Good am, advice for my son who is now a 3months old the father is australian which is he run away of his obligation, im talking to his brother he said they cant do nothing about it even only a little which is for the expences and nanny to taking care of my son so i can work but they cant help.. I will ask if i can file that case to father even his not here in philippines? Im not stable… He is supervisor in a 5 star hotel in brisbane..
Good day! Me and my ex had been separated for 5 years now.. I already have a partner.. My partner helps me raising my child for 3 years now.. My daughter is studying in a private school but I want to give the best life for my child which sometimes I fail to do so because my daughter’s medical needs so exlensive.. My ex never sent my child a single centavo the moment we got separated. He has so many excuses, my daughter was diagnosed with autism.. I feel so sad and unfortunate.. I feel sad that my daughter’s dad abandoned her.. How can I start demanding for my child’s legal rights? Thank you
Good day!
Pwedi po ba ako humingi ng sustinto sa asawa ko na military peru wala napo kaming balita kung nasaan sya kasi itinatago ng kanyang magulang,bali nagsama po kami nag 3 years at kasal po kami and nang nahuli kopo sya na may babae iniwan nyanalng kmi at hindi po sya nag bibigay na sustinto para sa anak ko po.hindi ko po alam kung nasa duty pa siya ur umalis na.salamt nd God bless po.
Atty. what if i already file a case against the father of my child but still he refuses to support our child ? and during the hearing , he didn’t showed up ? what penalty can he receive ?
Hi Attorney! My name is Sarah. I hope you can give us some advise. My boyfriend had a one night stand with a random girl before he met me. After a month the girl contacted him and stated she was pregnant, btw my boyfriend is a foreigner. His in Norway so he doesn’t have a way to find out if the baby was his. We asked the girl if she can prove that she is really pregnant, she showed us a picture of ultrasound but does not include the exact transcription from the doctor about the ultrasound. She said she doesn’t want to share details because it goes against her views. We told her we wanted to help as much as we could but we also want to protect ourself so we seek proof. Every month she will missed call but when we try to ring he she won’t answer. We text her and ask what she wants n she will just say I’ll call u later. but she doesn’t call us back. that’s what she does every single month Feb till June. My bf felt harassed and ofcors he wanted to help he asked what she wants but she said she just want my nd to know. Recently she tired and asked for my bf medical records. We provided it. We asked her to show us some pics to prove her claim and we try to do vid call but she always decline. We ask for dna test after she give birth but she doesn’t want to. What do you think we should do. Can we seek assistance for Norwegian Embacy What type of case should we file to get a DNA test. and if the baby is his. How can we make sure that he will be able to get custody and what is the right amount that we should give for support.
Hi po magandang gabi sino po ba pwede kong makausp po para maliwanag at magkaroon ng malawak n kaalaman s karapatan ng anak ko po pinansyal s kanyang ama salamat po
Hi sir, i have the same case like shasta,
The father of my kids flew to canada and didnt want to support the kids. Is there any possibility that u can report him to canadian human rights?
Atty. Fred I’d like to ask if the father of my child did not acknowledge my daughter as his father in birth cert. But he give support in whatever amount he wants to give but not enough for my daughter’s needs. What is my right to ask for enough support as a mother? He has 2 kids to his partner, they are separated for more than 5 yrs but not yet annulled. I don’t know what to do… I feel like iI always need to beg eveytime I told him that his daughter has no milk and some needs, he just send 4k budget for 2 weeks or more… Sometimes 3k, 2k even 1,200 or worst nothing for the whole month. He’s a seaman in a cruise ship, he’s a baker. Our daughter is 2 years old only and as of now I can’t find regular work coz no one will take care of my daughter If I left home. All I ask to the father is help me for now coz our child is still a baby. And if she’s already 4 or 5 years old I’ll find the person to look for her and I will search a job. But he ignore me… I’m renting a house and have bills to pay monthly. As a mother I find ways on how to survive in our daily needs.
What is the right thing to do?
Hi.. I am a wife of a police major who was abandoned two years ago..He just left w/o any reason.. Until i found out that he was with a woman who was detained in his aor for qualkified theft.. He refused to support us at that time, and refused to talk to me.. In other words , he left us like a trash..I filed a case for non support and abandonment.. We talked and i gave way.. Held the case in abeyance.. For one year he did not comply with the agreement of giving us 10,500 , what i get is only 5,000.. after a year i talked to him but still does not want to add the support saying that he is supporting his sister to school..Is this right? Until lately, i saw a womans name tattoed on his ring finger but i did not react… What shall i do?
please help me
just try to talk nice with your ex partner.its only way
Sir,
I am a mother of a 3 yerar old girl. I broke up with her father while a was still 7 m0nths old pregnant with her. More than a year after I gave birth to my child, I initiated communication with the father for financial support. The father is a medical representative who now has his own family, and most probably earning around 15K a month. Now, he gives me 1,000 pesos monthly as monthly support (if we can call it support)and most of the time, he gives it late and often requests to give it in the next month. The amount is obviously not enough especially that my kid is about to go to school and I am not yet regular with my job as as admin assistant. My questions are:
1. How can I get monthly support that is more than this amount, which would be enough for the expenses for our kid?
2. Do we have laws wherein the financial support would be automatically deducted from his Monthly salary? This is to make sure the child gets it every month, without me having to meet the father every now and then.
3. Can I seek for his financial support without having to go to a lawyer? I am avoiding conflict with him that might affect our relationship with the kid in the future. How bout a DEMAND LetTer? What is it and what legal claims should I put in there?
4. If I am going to file a case, what is the estimate expenses for all the fees I need to pay? What case should I file?
PLEASE HELP. YOUR ADVISES ARE VERY MUCH APPRECIATED.
May advice ko sayo mag usap kayo para maayos problima ninyo good advice for you
You can file for RA 9262. The Court will order the company to automatically deduct it from your husband’s salary. You will provide an account number where the support will be deducted.
Do not settle for a demand letter. It is not a debt. It is a matter of right. Go for 9262 you can find justice in filing RA9262.
What if they are already annuled and the seafarer has a new wife now. The new wife is getting everything.can she still file ra9262 for her 3 childrens support?
Yes, the first wife can still file a case under RA 9262 . Even the parents are legally separated or annulled, the children have the right for financial support from the father.
Hi, i did this.filed a case, but he was a no show…so the piscal’s decision is for him to be liable and be punished accdg to the rule of law. But as of now he is still hiding… my question is how does our law handles this kind of scenario… does our law has means or doing something so he will face the charges against him? How can u find someone who is hiding with a case against him?
Can this also apply for example for my husband who is an american citizen who did not give any financial support?
yes, it can, the US government has an agreement with the Philippines
Hello, we are in the same boat. Have u already found a solution with this concern?
HI, good day to you sir, I’m Arnold a father of 2 kids. Me and the mother of the kids are to part ways and they are demanding 90 percent of my salary. Me and the mother are not married we had lived in for 7 years now that we’re about to part ways, is it legal that they demand so much for support and what should be the computation of my support for the kids. I have to live too. And in the event of our separation what should I do to prevent her from harassing me at work.Thanx and more power to you.
Hi.. What happened? How many recent did you gave. I am very curious. Thanks!
is impossible to pay 90 percent from your salary . for two kids u need to pay 40 percent from your gross salary.
Same Here ! But I have 3 kids? Im 18000/month.how much is the percentage that can we give as a support .Thanks Please answer..
Don , I have read articles that might help Atleast 25% of your salary as your support to your kid and not 90% .it depends on your capability and also if you have extra expenses will be lessen.
Hi. I need help asap. Criminal case against RA 9262 has been filed against my brother for reasons as stated: a) psychological violence (due to marital infidelity), b) insufficient support.
But would it be just to do so if, under section 7 (e,i), the wife and her family, and with threats of killing my brother, actually deprived him to have access to his children/family? As mentioned, i need help asap as their case will be heard this tuesday, January 15, 2008.
Kindly email me at: mrj4lyf@yahoo.com
Thank you.
I left my wife and now 2 year old son in Qatar for over a year and was transferred here in the U.A.E. reason for leaving them is that I can’t bear my wife’s attitude (always argues and fights almost everyday) towards me and at the same time found better opportunity here in the U.A.E. Since I left them, I didn’t send any financial support. I told her many times to sell my car (which she took from me) back there so she’ll have money to spend since she only wants to raise funds so she can buy VISA for my sons nanny. Now she threatens to sue me for not giving her financial support. Is there any way I could be held liable (in case she sues me) since we both live outside our home country (Philippines)???
were annulled and i have 2 kids. 9 & 11 years old, boy & a girl. there was no financial support stated at the annulment decision because that time he was unemployed but now he manage his own business.he only give things he wants which are not necessary and pays for the tuition and im providing for the rest. my kids and I were living in my parents house and my parents are helping me in taking care of the kids.We asked him to give any amount but he said that its my responsibility as the mom to take care of the children and to give the daily needs because he was already paying for the tuition fee. when he gets mad with the kids he keeps on telling them not to ask anything to him which really hurts my kids feeling. my kids are smart and are aware about their rights and wants to file a case against their dad. Now i want to know if we will file a case, are we gonna win the battle?I just want to help my children.what should i do?please help
Nabuntis po ako ng isangf pnp 2016 . our relationship started 2012 .. Pagkakilala ko po sakanya wlang asawa at may isang anak pagka binata . nangyari nung nag bubuntis na ako marami akong nalaman na inanakan nya ibat ibang babae kasama na dun pinsan nya na kinakasama nya dalawa ang anak nila. Nakipag hiwlay po ako pagkatapos ko manganak dala nung nag bubuntis pa ako ay napaka rami nya pa din babae napuno na po ako naubos pasemsya ngayon po may kinakasama po akong bago. May anak na din po kami. Hilinh ko lang sa ex ay supportahan anak nya katulad ng pag declare nya sa philhealth since obligasyon nya naman yun peru wla po inaway pa ako ng ama nya kesyu daw wla sa lahi nila irresponsable. Anu po ba gagawin ko ilang taonnna po na wlang supporta . ayaw nya din ipaayos apelyedo ng bata para lang ma declare na din ng bago ko na anak nya sakali ikasal kmi.. Pls need ko po sagoy
This is regarding the irregular financial support from the father of my child.We were not married but he acknowledged my child.He signed in the acknowledgement for paternity.We’re both seafarers on the same Company & agency.last year he stopped sending money for 3 months til I made a complain to OWWA.We had an agreement that he will send $300 monthly & he was complying to his responsibility for 8 months only but now he stopped sending money again since last August 2008.what is my assurance that he will continue again sending support to my child.I’m here now in the Phils.to have a medical treatment & have no income except the allowance that im receiving from my Company.He’s now on vacation since august 2008 but he didnt even call us.I am demanding a regular support for my childs immediate needs esp.now that I cant work abroad yet because Im still under medications.I’m afraid that he might not comply again to send his support to his 2 & a half old child esp.that he is leaving soon this October 2008 for overseas employment.What are the possible things I should do?Hoping that you could help me with this problem.What should I do?Thanks so much & More power!
Good day Atty. Fred.
Ask ko lang po mula po ng pinanganak ko ang anak namin hanggang mag 18 years old ay indi po nagsusuporta ang husband ko. Ligal na sawa po ako kasal po kami sa simbahan. Sa kasalukuyan po wala na po ako ngaun trabaho kaya naisipan ko po humingi ng suporta sa husband ko para sa school tuation fee ngaun lng nman po ako humihingi dahil wala po ako trabaho ngaun kaso lng po ayaw nya magbigay ng suporta sa anak namin kahit naoospital po anak namin ayaw po nya magbigay ng pambili ng gamot. Regular po sa trabaho ang asawa ko at yung kabit lng po nya ang sinusuportahan nya. tanung ko lang po puwede ko po ba shang kasuhan or pwede pa shang makasuhan at anu kaso po puwede ikaso sa kanya if ever na puwede po dahil ilang beses na po ako humingi ng financial support po pra sa anak namin ngunit ayaw po nya magbigay sumssahod po sha ng 19k every month 3k lng nman po ang hinihingi ko every month ayaw pa po nya ibigay. Anu po ba tama kung gawin…pls help me Atty? tnx po!
Good day Atty. Fred.
i am asking for ur help regarding my husband who is new york right now. things didnt go well since his been there living for almost 5 years straight. we talked sometimes before but now there’s no way of talking to him unless i called in his office where he works. my problem is about his monthly support to our kids. we have 2 kids. my eldest is 10 and the youngest is 8 yo. they are both studying in a well known school here. i just graduated last year and i dont have any work as of now. his only giving $500 monthly for the kids . always late and never on time. he has been promoted to his current job since last year and later find out that his been living with gf there. my question is .. how can i apply for child support here since his in USA. I think that my kids deserve more. i dont want to experience begging and asking him every month for the allowance. is $500 too much for the 2 kids? actually, i dont want our situation to be like this but he pushes me to become one.. he ignores my calls..ignores my kids need/.. he didnt even call them! i am asking for any help you can give me.. all i want is to give him a lesson.. that his children should be his priority. please..please.. if you can refer me to any legal counselor who has access in the US immigration if thats where i am supposed to file my case..i am really grateful..
my kids will sure have a brighter future towards them.
It is my understanding that child support between Philippines & USA is not enforceable due to no treaty between the two nations. USA would be willing however, the Philippines will not reciprocate the same law for those who may decide to leave their family in USA and head to the Philippines to avoid paying ordered child support.
hmmm. the problem is : 500 $ is to much . maybe u need to say thank u to your ex coz hes very good person .normally he need to sent u 300 $ monthly for two kids.