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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Hello Dear Sir. ;y questions, im a german citiyzen ship and i have a filipina as GF with a child, what is registride, in my Name.
So rigth nowe, i did found out, abt a DNA test that im not t the reall Father,of that child, but the mother Claim from me more then 2 years, allreaddy finziell Support, all so when she not whase Pragnenth.
So Howe can i nowe choose the Money from the supporting be back in the Phils after the knoweldge that im not the reall Father?
I hope you cane me alreaddy tell, whats the rules in the Phils, in Thing that one??
Good day po attorney:
My wife and I marriage was lasted only for 3 months dahil nahuli nga akong may affair sa ibang lalaki, Yes, im gay at alam nya po un since we got married and i thought she could embraced it but she didn’t. Kaya po umalis sya sa bahay namin and we don’t see anymore since then. I gave her financial support since i am an OFW but it’s been almost two years now and said wala pa rin syang work and seems like the financial support i give her makes her more relax kaya po i stopped the support. Can she really ask for financial support kahit hindi naman po naco-consumate yung marriage namin since 3 months lang nag-last yung marriage namin? Pls kindly help po on what we can further do. Thank you very much in advance.
Ricky
Hello sir,
My baby’s father is australian citizen who’s now residing in another asian country he is not giving financial support to his child. He signed the birth certificate of our child and my child is carrying his last name would it be possible to get regular child support from him thru australian embassy?
hi i would like to hide my name. by the way i’m now 6 months pregnant. when I informed my boyfriend regarding my situation, at first he doesn’t know what to do.We haven’t seen each other since I told him that i was pregnant. But we keep texting only, he doesn’t answer my phone calls. during that time i was so depress and until now. then i found out that he was with his past live in partner. Actually he was my ex boyfriend when i was in college and our relationship ended. 5 years after, I got an friend request on fb and he’s the one. We’re having lots of conversation until our relationship reunites. He told me that he’s a single dad that time, so he asked me if he had chances. so i accept it. weeks after that i told him that i was pregnant, a text messages received from him that he wants to abort my baby. he blocked me on facebook. A month after I message his live in partner a print screen of our conversation regarding my situation, then she replied on me that he was not sure if he’s the father of my baby. When i read her statement i’m badly embarrased and emotionally stressed. Then I’ll file a case to him a RA9262. Hoping to have an actions for those people who take advantage
Hi. I would like to ask help on writing letter to ask for child support of my 3 years old kid to my husband who is working in abbott philippines. before he was sending me a certain amount per month but now he has a new child with his other women i think he has trouble with money. he even change his number so that i could not ask for support i even don’t know where he lives also.please help.
Hi good day Sir,
I just want to us about child support.
My son is 13months old now I split up to my son father when I’m 4 months pregnant. My son don’t have any regular support from his father he help to buy milk sometimes only or help me to pay hospital bill. My son’s father is business man he own a few business and he earn a big a mount of money… I just want to ask how to claim a child support for my son to his father and how much I can demand to ask him for the support of my son. He earn millions a month he own many property also…. What I suppose to do so he will give a child support to his own son…
Hello sir have a nice day!
Im darlllen oliverio legal married to ernesto oliverio jr. Sence i work abroad he didn’t support our children anymore and while im working in qatar as a DH he has a gb and they live together and now my husband is in saudi just this december. My question is how can i get his support for our 2 kid the eldest is 9 and the youngest is 4 while he is working in saudi because he didnt mnd my messages to him asking for his support for the kids? How many percent of his salary should be going for his kids? And what can I do now in term of me and my husband that he was with other girl now? Thank you atty. Fed for the responce GOD BLESS…
Sincerly yours darllen..
Hi a blessed day ! Pls I have a question I have a son been married and have a 8yr old daughter he took care of her since 3yrs old untill now because her mom is in israel working my son was not able to work hes the one taking care of his daughter what a mother suppose to do lately they are not in good terms they always have a talked fight having each one reason to tell and lately for almost 3 months now her mom didnt give her allowans she only give not that much is there a way can my son son ask support because shes the one who earns money is it possible and last thing her wife always said if my son can nt support her just give to her but her daughter dont want to she always said her dad is the one who takes care of her ever since and she love him and she cry if we say ok you go to your mom thank I will really appreciate your advice for me GOD BLESS US ALL
I’m avy,the eldest of three abandoned kids(15,11,and 9) for four years. our father left for dubai when I turned one and was only with us for a week or two, after two or three years of absence.only my mom and lola took care of us coz my dad was irregularly giving us support eversince.these past four years was the worst because he didn’t even texted or called us,giving us no inkling if he still exists.we were left without any support from him,leaving my mom to use all her means to keep us afloat.she sold all her possessions to send us to school and pay the unsettled loans and bills left by my dad.my mom suffered from anxiety(almost deppression)for a year or two. i was the head of the family because her judgment was clouded at that time. she found someone to depend on (emotionally) and they had a lovechild but they separated after a year. now my dad is using that to blackmail us. he said if we don’t go with him,he will sue my mom of adultery.
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i’d like to know if we, the kids and my mom, have the right to file for abandonment?
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what are our chances of being with our mom,legally? we don’t want to go with him permanently,but vacations are fine.
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how can we get support from him regularly?before,he just promises he’ll send us our allowance,but in vain, my mom ends up providing for us, instead of him.
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how much financial support is legally ours to demand? he worked as a purchasing manager and earned a hefty 50,000 pesos monthly, four years ago, and has regularly supported his parents, siblings and nieces/nephews in their hometown, while he sent us not even a centavo.
pls. help me, I don’t know what to do with my siblings.They’re also confused right now.
Hi. I’d like to file a case of RA9262 against my Ex-bf. Im almost 8 months pregnant now. He had threatened me, destroyed my tablet, kicked my electric fan, and threatening to deny financial support. He kept on saying to support the child to other people though. We had an affidavit signed in PAO but he’s not honoring it. In the affidavit, his atm is with me to make sure I get the 50% of his net salary for financial support after our child is born. Right now, we’re sharing 50-50 or half of the expenses for the prenatal. I’m doubtful they will pay half for the delivery and he’s making his owns to try to get his atm back. Another affidavit he signed is the acknowledgement of his debt that I will get his payment per cut off and the half of the expenses. This is getting me stress and I’m also having episodes of bleeding.