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.
- Twin-Notice Rule and Procedural Requirements in Employment Termination Proceedings - June 3, 2020
- When Travel Pass is Needed for Interzonal Travel during Community Quarantine - June 1, 2020
- Can Companies Compel Employees to Work during the General Community Quarantine (GCQ) and Impose Disciplinary Sanctions - May 29, 2020
hi atty. my situation is just like ms. angelica,,, i thought im the only one experiencing this. i already talked with my husband regarding the prob, but he just take it as a joke! though im really serious when talked about it.. since we were married no regular provision for the family.. im always tryin to keep my budget enough for the family, with two kids, one is already grade 1 turning to grade 2..im always broke,, the final thing always is to lend some money with interest in our Office. its really hard for me..and my problem is not only about money ,, about his attitude,, we always have arguments on many things.. and one time he even disrespected my mother.. we almost got separated, i leave him 3x or 4x already he always takes me back..i told him not to repeat it but nothings change.. please help me.. thank you
Atty, my concern with regard to my husband who just arrived at Saudi Arabia last July 2014. The first few months, he said he is unable to send enough money to support my son since he needs to settle all the debts that he owed to his mom.
But up to now? I only received 3500/month. He told me my parents should try to help with regard to the needs of my son. His beneficiary is his mom instead of me even if I am his legal wife and we got separated two years ago.
Now, he always sends money to his mom for the tuition fee. And for our allowance which is deposited by his mom every month which is Php 3,500.
For the transportation alone going to my son’s school can’t even suffice the amount given.
My only concern now Atty, how much should the allotment be for my son that would let us survive every month? Php 3,500 is never enough.
Is there any way that the allotment should be given directly to me instead of giving it to his mom?
I would appreciate if you can help me. Thank you.
hi ! im a single parent my exboyfriend didnt support his son (my son) so i just want to know if it is also occupied in this law thank you ! and the custody of my son will be mine? thank you so much your answer will help me on this ..
Hi,
I am a single parent, i am not married with the father of my children. He is not giving his financial support to our two kids in a regular basis. My kids carry their father’s surname. I am planning to write a letter to PNP where he is working to automatically deduct his financial support to our children every payroll. How will I proceed?
thanks,
Marina
Gud eve sir i would like ask for help i’m. Mother of a 1 year old the fher of my daughter is not supporting her. Once i work in kuwait then i met this man then i got pregnant so i resign immediatelly. The father of dqughter told me that he would provide the needs then laterbon he stop supporting my baby the when he got home we talk and settled everything then after his back to kuwait he stop supporting again. After that my co-crew in kuwait sptold me he hd another woman thats why his not sending..but baby is carrying the last name of his fther with her signed t the bck of the birth certeficate. What should i do atty.?tnx po
Hi Atty. Fred,
Greetings! I would just like to ask, my dad and my mom are legally married but they are still not annulled, my dad sometimes does not give child support regularly. He swears at my mom when she is asking for child support. I would like to know what case can my family file to him? Thanks!!
Hi,
I am a single mother. I was separated from the father of my child last February of this year. We were separated only for a month and he already has another girl pregnant. Though I know that I would be able to support my child based upon my own salary. It is still a responsibility of the father of the child to provide him support right?? How would I be able to start on getting the support from him??
Would getting a solo parent ID affect the child support that I would require??
Hi Atty. Fred,
Good day! I would just like to ask about the steps I could do to file for a financial support from my husband. He is providing support for our son however,does not compensate the expenses of our kid. He is getting 45k a month and only giving 3,500-4000php for our son and that obly covers the basic needs such as the milk and diapers. He does not even pay for the therapy or clinical exams.
Please help. Your response would be highly appreciated.
Thanks
Dear,
Good day everyone
I would like to know if its possible for me to file a case of Petition for Support to the father of my 4 kids as I’m in Dubai?If so please do let me know the procedures and where i can file a case
Looking forward for your swift response
Regards,
Chiclet
Good day,
Atty. Fred i want some help of advice from you, I am a mother of a 6yr old son, im browsing on the internet and finally got your website. Were not married with the father of my son. Were lived in together for 5years and bare 1 child but after 6months old of my baby i caught him cheating with other woman and bare 1 child. He choose to marry his second woman and abandoned us. I totally accepted it because it was his choice but he aggreed that he will continur to support his son. Yes he supported his son untill his 1year old only .after that my sin doesnt receive anything from him. He still calling us sometimes to talk to his son who is now 6year old and stuymdying in grade 1 in our province. Im asking him where is the support he promised to his son but he refuses to give anymore. Hr has a job so he should support his son in terms of his studies. Ill take the rest. What i hurt the most is he threatened me that he wil take my son awat after 7 years of his age. I never felt fear but hurt because i know he cant take my son away from but what hurt me is for all the sin he did and for all the suffering I came through since the day he abandoned us he still has the plan to take my kid away from me? So Atty. Fred i badly needed your help, please let me know what steps should i follow. Please guide me.
Thank you and i wish you a good health always this Lenten season, this comming New year so that you still have ample time to help those victims like us.