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 am sir Mr. Romyr L. Gabon a single father with three kids in my care. i have been asking financial support from their mother who is working in a private college in our town.
I would like to ask if i have my right to ask financial assistance from her?
Hi,
I just want to ask if i can get a financial support to the father of my 3 children even the father is jobless but he already have new live in partner and a newly born child.how can i get support from them.
Good day.
Me and the mother of my child don’t get along when we are together. I provide sufficient financial support to our kid.
My inly concern is that she would not allow my daughter to go here alone. Everytime my daughter is here, she would also stay in our house. I have also heard somethings from my daughter that “my father does not love me”. So i asked here where did she get that information. She immediately replied, from MaMa. I was painful to hear that from my kid.
Is there a posibility for me to file a case against here the mother of my child. She is trying to brainwash our kid. I would also want to know if i can ask for the right to have my daughter stay in our house everyweekend w/o here statung in our house. My daughter is only 5years of age.
Please help me.
hi, i would like to ask if there is any law that prohibits the elder sister (early 30’s) to decide for her younger sibling (19.y.o) of legal age and sound mind. Thank you.
Hi,
Just want to ask something regarding the paternal support.
What do we have to do if this is the case —
Financial Support received from Father:
– TWO Legitimate children = 15,000 per month
– TWO Illegitimate children from mistress#1 = 20,000 per month
– ONE Illegitimate child from mistress#2 = 22,000 per month.
I am a legitimate child.
I am trying to do part time job to sustain my college degree.
The support is enough.
But after learning about the support that my father’s other children are receiving,
I thought I have more rights and I can do something about this.
Can you recommend what are the steps that I have to do?
(Yes this is funny, because normally it’s the illegitimate children who are running after the “fair” amount of Support)
Your response is highly appreciated.
Thank You,
F
Hello attorney…i would like to ask help regarding my son. I am a single parent of a 7-year old son of which his father is a military. Ever since (2007) his father was not consistent of his obligation to my son and even got worst when he got married last 2010. What should i do to get what my son deserves? Is there any specific amount that we could demand since he has as stable job? Please help me. Thank you
hi i would like to ask a bout this situation …
if a mother is a single mother and her child have a relationship with a guy and shes only 16 she is technically need to be supported by a mother but what if the mother doesn’t want to support her child’s benefit and she would want to kick her daughter out of her house would it be possible to sue her mother to give financial support to the daughter until 18 even if shes not in the property of her mother and if the mother insist to give what would happened???
gdmorning Atty. Alfred,it’s nice to make a little conversation with you.I am a guy who’s involved to the situation of my pregnant girlfriend but we had split already,it was just an accident happening that brought to sudden things that is not right,.Now,she compulsory told me to sustent for the child of all its needs but i am still a student and i dont have any work,yet i can sustent the child but not as big amount or not really fully sustent..I want your help Atty.,What is my right.i didn’t love that girl,she just poisoning my mind.Thankyou. godbless you!
Greetings Atty.
I have a mistress and she is pregnant. May I ask what are my legal obligations to her. I know for a fact that I have obligations to the child she have in her womb, but do i need to support all her financial needs because she had no work? She was unemployed because of her pregnancy. Since then i support all her needs like dwelling, food , house utilities and hospital check-up. Also how much is necessary amount that i should give to her?
I would like to inquire if I can require my husband to give monthly financial support to our 2-year old son.
We were married in 2012 but May this year, he decided to separate with me. Our marriage is still legal as we havent filed for annulment. I have no solid proof that he has a mistress. I only want to compel him to support our son. He is earning twice as much as what I earn. But he said he will not pay support unless I let him borrow our son.
I let him visit our son in my father’s home (where my son and I currently reside). But I dont allow him to take him anywhere without me. This is because he always threaten me that he will take my son away from me. I have his text messages to prove this.
Now, he doesnt give any financial support despite him earning much more than me. I would like to know the process for me to legally demand that he give monetary support or in kind to our son.
Thank you.
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 had an compromising agreement that he will send Php 4,000 monthly & he was complying to his responsibility for 9 months only but now he sending only Php 3,000.what is my assurance that he will continue again sending support to my child.for now,i have no income since i stop my work.He is Police.I am demanding a regular support for my childs immediate needs esp.I’m afraid that he might not comply again to send his support to his.Hoping that you could help me with this problem.What should I do?Thanks so much & More power!