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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I have been married for 18 year. And 3 months ago my husband left us. I have 2 kids, ages 17 and 14 years old.
He has been giving money but it is not enough. He mostly gives 1 thousand a month for 2 kids.
Can I obliged him to give a specific amount to give for support?
I have my partner for 5 years we have 1 son and we recently got married last may 12, 2017, however within those 5 years he has another relationship with his officemate and the got a son. Today the mother of the boy is asking so much than my husband is earning from his work and she’s demanding it my husband is supporting the child though but the mother of the 2nd child is threatning my husband that if he will not give 6000 a month she will file a case my husband is onl;y earning 12,000 a month.. please advise. thank you
Im single parent not married i have a daughter she is 8months to my ex uk, he dont support my child and not even acknowledge my daughter his staying in thailand with his son. And to my information his temporay working in saudi arabia, what im going to do if he not suppprt my daughter? What case i can sue to him?please help me thank you…
I am annuled for 10 years now , my ex husband gave us support for our two kids 14thou a month for 10 years but now my sons will be in College He refused to support our youngest because he has 1 year son to other woman.
May I know the percentage to be given to legitimate and illegitimate children?? My two sons studied in private school and was given discounts because I was a part time teacher there. My sons and I lives at my mom’s place from the time he left. Please give me advice thank you
Good Day,
I have a 2 years old baby girl who is in the side of his father at the moment, I had another child last year who is in the side of his father as well. Both kids have different fathers. In that case, both fathers has the custody of my 2 kids. I had to give custody to the fathers since my family couldn’t take in the kids anymore. More on personal side. I am working as a freelancer. I am seeking advice of how can I get custody or visitation rights to my kids. The fathers wont show me the kids. I don’t know how it works? But it says mother should have full custody of the kids under 7. Please I need your asap reply. You may email me lifeismygold@hotmail.com.
Thank you,
Mia
hi, i would like to ask for help regarding my situation right now, im a mother of a 3 (1)3yrs old daughter, (2) 2 years old son and youngest is 2 months old girl, me and my partner are live-in only, were not married. Recently i discovered that he cheating on me and the girl is already pregnant. he decided to leave us and go with the new girl he is with. please help me if how am i going to after my and my child right, we have been abandoned us for 3 months now, i want him to continue his support to us even if hes not with us anymore. i already accept that he abandoned me but i will not forgive him if he also abandoned his own children. what will i do? i want to have a legal documents that written there that he must continue his obligation to us even if he already live to his new partner. obligation means, the child future including her education and food. hope you will help me with this, im also in shock right now but this is the only thing that i can do for my child.
goodevening atty. i’m a mother of 1y.o. my ex.bf acknowledges my daughter but unfortunately he didn’t support my child basic needs, what can i do so that he will support my child needs,we already talk about his obligations and he promised to support but until now he didn’t give any money and he didn’t visited also my child… i hope you can help me.. thank you
Good day..
i just want to ask about my situation regarding with my ex-live-in partner..we have 2 sons but we are not married.. 1 5-yr old and 1 6months old…i am currently working here in KSA..and my wage is about 25k/month…i am supporting the 2 childs…my older son, i signed his Birth Certificate as his father..but the younger one is not…my question is
1. how much will be the cost of support base on my salary?
2. do i face criminal charges if i stop my support?
please i need your response regarding this.
thank you so much
We have the same case what if i dont have a job?
Hello!
I have a child from a prior marriage, now annulled, and have a financial support agreement for my child with my ex-wife.
My child is now 23 years old, and my ex-wife has re-married.
My question is whether I have a legal right to terminate the financial support agreement with my ex-wife considering that she has re-married and since my child is now of legal age and has graduated from college already, in fact with a child already of his own.
I am happy to continue to provide reasonable financial assistance my child would need, but directly to him, but I also would want him to strive to work hard and learn to fend for his own needs.
Hope to receive your guidance on this. Thanks!
Hi I have a child with one of the richest tycoons in the philippines he’s not giving support I don’t expect any support from me all I’m asking is adequate support for my son which is 2 drivers 3 yayas rent of my house amounting to 50ok monthly since we are not married and i have a business we can share but he is not giving support until birth on my son kindly reply thanks
Good Day!
I and married for almost 7 years and with that I have 2 kids with my husband. I am currently in a family crisis where my husband and I haven’t had good relationship (we’re not always talking but living in the same house). Today, we decided to live separately. I have no work as of the moment since my kids have been sickly and been going in and out of the hospital that made us decide that I stop working and be a full time mother and housewife.
Now that my husband will be leaving our house, leaving the kids with me, I want to know what are my rights as a legal wife and him being the father of our kids.?
I need your help.
Thank you.
I have 3 daughters we are not married.i am working here in Saudi arabia.the mother of my children now is dubai..I thought she is only working there but I found out she has another guy..she force me to send money to my children 15k every month but as of now I have many debts in my office she know that I have loan because I send it to them.thats why I cannot send the said amount..is it consider that i abandoned my children?