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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Goodmorning sir,
May I just ask for a quotation on how a child support will be divided? Like for example, father’a salary is 15,000 a month and his expenses is around 8,000–does it mean he has to give everything that was left? Thanks.
Good day atty. I just wanted to ask is there any other way to push my husband to give a financial support my our 2 kids. weve been separated by word just 2 months ago. my ex-husband don’t have a job but he can support his daily dose of drug ( nagddrugs po kasi sya0. now someone told me that he’s having an affair, whose supporting him and his mother also for drugs. although i know that this girl is also using drugs. now his mother tolerate thier relationship for her own debts. can you please help me atty. i really don’t know what action will i do…i want them to repay for all thier action, specially now that my 2 kids are studying. im the one paying thier tuition fee, school service, food and allowance. but thier father didn’t do anything regarding on this matter…. please i am begging you atty..help me. please answer me back at my email add. more power and Godbless
Hi Attorney,
Good day po .. consult ko lang po sa kaso ng brother ko.. hiwalay na po siya sa asawa magtatlong taon na po pero kahit hiwalay na (hindi legal) tuloy pa din ang suporta ng brother ko sa dalawang anak nila. ngayon po nagbarko ang brother ko at ang mama namin ang tumatanggap ng sustento sa mga pamangkin ko sa dahilan po na nakatira sa bahay ang mga pamangkin ko kasama ang dating asawa ng brother ko. wala pong tiwala ang brother ko dahil lagi pong nasa inuman kaya sa mama namin iniwan ang sustento. ngayon po nalaman ng dati niyang asawa na nagbarko pla ang brother ko kaya ang ginawa niya po kinuha niya po sa bahay namin ang mga pamangkin ko at bumalik sa bahay ng mga magulang niya. nagbanta po ang asawa niya na sasampahan niya ng kaso ang brother ko. ano po bang kaso ang pwede niyang isampa? ra9262 economic abuse or abandonment or insufficient support ? makukulong po ba ang brother ko? may laban po ba kami? tulad po ng laging nasa inuman ang dati niyang asawa? maraming maraming salamat po attorney. hihintayin ko po ang inyong kasagutan..
I have a son 7 years old i
Me and his father both abroad but defferent country but his father ddnt give any support to our son how can i file a case to his father,even me here in abroad
I have a one year old daughter, I am not married last September umuwi daddy nya to celebrate the birthday of our daugther we are OK. We already processed our documents in migrating Australia after that nahuli ko asawa ko na may babae na pala doon at bumalik na sy doon. Iniwan kami magIna pinili nya yung babae nya dun kesa sa amin magIna. Ano po bang rights ng anak ko sa tatay nya? Di ko na sya mahabol dahil bumalik na sya sa Australia. Hope you can help me. Please!
I want to know the rigths of my daughter and the obligation of her father
How many percent of child support can i give if i have one(1) child if my salary is only 12k a month? Pls reply atty. Badly needed the info. 🙁
Hi Good day to you sir,
I would like to ask because my husband had relationship before i met him with the the girl working in a club, they separated before we got married but they have a child, according to my husband his not sure if he really a father of a child since the girl is working in a club. My concern now what if the girl will run after for financial support since my husband surname is being use of a child. She can sue my husband for being not supporting the child?
Looking forward to hear from you sir.
Thank you.
Good Day…I just want to know the right of a child if his parents cannot support him.Is there a law that the sisters or brothers of his parents are the ones who will support the child it the parents are unable?thank you so much!
Don’t think any family member has any duty to support children other than their own.
I know that some help when they can, but I don’t think there is any law that say so.
How would you like if your brother steal something and you’re the one to go in jail ?
Hello Sir,
My name is Shamie Laeno and currently in Australia. I would like to know on how can I file an abandonment for my sons biological father who is currently in the u.s military. He abandoned my son without any financial support for over a year now. We are not married but my son is registered under his name. Im currently married to another a man and we want to have the full custody of the child since the biological father is no longer giving financial support and already married with a daughter.
hi po kasi po nag reklamo na po kaso ako sa owwa region 4a tunkol po sa sustento ng asawa ko sa anak namin kasi hindi po kasi sya nagsusutento sa anak namin at my babae po kasi sya sa taiwan my mga pictures po ako na katibayan na may babae sya dun ano po ba ang dapat ko gawin? kasi gang ngayon hindi ko po alam kung ano po nangyari sa reklamo ko sustento po ang habol ko kasal po kami. sana po matulungan nyo ako kasi may trabaho din po ako . maraming salamat po.
my cousin had fiance’ & soon to be married next year. nagka-anak po sya sa dati nyang gf (dipo sila kasal). matagal na rin silang hiwalay at wala ng kahit na anumang ugnayan sa isa’t isa maliban sa bata dahil my kanya kanya na ring silang buhay. nung nasa pinas po ung pinsan ko khit hiwalay na sila he still supporting the child if ever na my trabaho sya. ngaun my cousin working abroad almost 1 year. ng malaman ng babae na nasa abroad sya, nagulat na lang kami na nagpadala sya ng subpoena at nag file ng case against my cousin R.A 9262. almost 1 year pa lang naman sya dun at mababa lang ang sahod. inuna nya muna bayaran yung mga pinagkautangan nya na ginamit nya papunta dun, di naman nya tinatalikuran ung obligasyon at responsabilidad sa bata. hinihintay lang nya matapos ung mga pagkakautang nya. kaya nagulat na lang kami ng makatanggap sa bahay ng reklamo at subpoena,.pano po makakaattend ng hearing ang pinsan ko samantalang wala naman sya sa pinas. ano poba ang dapat gawin ng pinsan ko. ibibigay naman po nya ung para sa bata. magkano po ba ang dapat na ibigay na child support (sustento) sa bata na naayon sa batas. saka mababa lang naman ang sahod ng pinsan ko dahil waiter lang naman sya at sa middle east pa. baka kc mag demand na malaki ung ina ng bata. sana po ay matulungan nyo kami. salamat po.