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’m a single parent, separated, with a 5-year old daughter and OFW. Husband and I got married on 2009 and separated 2010 (just a month before I left for overseas). Discovered that he cheated on me for 6 months for a younger girl on April 2010. I left Philippines for work while my daughter stayed in my father’s place. Cheater husband went back home to his father’s house. My child was left there while relatives look after her while I am working for living. Since the day we separated he visited our child for several times only without giving any support or whatsoever. I am working overseas and would like to get my daughter so we can be together. Due strict law in the country where I am now, they would like to have a father’s consent for me to bring our child.
My daughter is willing to migrate with me but her father wouldn’t allow. He doesn’t visit our daughter, doesn’t call in our home phone to check how my daughter is, he doesn’t give any penny to support my child for basic needs and schooling. I did not receive any help, support of any kind in any way. But the twist here is that he is holding my daughter’s freedom to migrate with me.
I could infer that he abandoned and neglected my child while living as single man and flirting with other girls.
Please give advise on how to win my daughter’s freedom so I can take my daughter overseas.
hi, I was a mother of 5 year old boy. I just want to seek help with regards to support for my child. I am working and my finances is not enough to cover all expenses. The father of my son is not giving any support for my son which I think is so unfair. I want to sue him for that. When I text him to ask for his support he merely ignored it even not answering my calls. I just want to make things clear out, I will do anything for my son to have a better future and to finish his studies even without her father’s support but her father will no longer have any rights under my son.
Is it possible since he was not giving any for my son?
Thank you and I hope that you will give me some sort of advice what to do.
Thanks
Sir,
Can a parent keep another parent from seeing their child when child support is not paid?
The parents are not legally married but living together have a two year old child. It was the mother who usually supports the child because the father would often lose his job. The father left his wife and child for more than one year. But at that time when he left his wife and kid he has a job. Lately he wanted to come back for his reason that he misses his child likewise he admitted that he lost his job again. He even confessed that he is no longer capable of raising a family but just wanted to visit and see his child every week.
We suspected that the main reason why he came back is for him to get financial support and shelter from his partner.
Can we keep this irresponsible father from seeing his child?
Atty. Fred,
Good Afternoon.
I just would like to ask whether I can file a criminal case against my former partner. We have a common child who is a year older right now, we are un married. I was five months pregnant to our child when he left for Manila to apply for work abroad, Tawain in specific. He was unable to sign the acknowledgement for our child in her birth certificate because he was in Manila when I gave birth. Now, he is in Taiwan and earning but he never gave any support to our daughter. He even borrowed money from me when he was in Manila and had promised me that he would pay me but then he never did and I found out that his already in a relationship to another woman in Taiwan, he even had some women pregnant when he was in Manila. Can I file for RA 9262?
Hi, i’m a mother of an eleven month old boy. I can no longer endure to live with my husband who has no work for almost 6 months now. He often verbally abused me since i was 2 months pregnant. Lately he is being physical that it causes hematoma marks on my arm. I am the only one who is working and supporting our family including my own mother right now. His jobless status is unknown to his family except his brother. There are many times that i want to tell his family about his bad treatment to me and my mother. Im just looking for the right timing. I don’t care about him anymore i just want to be separated from him ang get the full custody of my son. I don’t even need any assistance from him. Even financial assistance. I don’t need it. I can support my mother and my son now with him being present. I can suppport my son more without him. Please tell me the steps i need to get the full costody of my son and to be legally separated from him the cheaper way, if there is because im not rich. Even my family is not rich. I just have my son, my treasure. Thank you!
Dear sir,
i am separated (but not annulled) to my estranged wife for almost 10 years, i am supporting my 2 kids with regular monthly allowance, school allowance, tuition fees and school fees and their own house. now i have a new family (wife and daughter) and want to start a new life, i am sending financial support to my 3 kids in equal proportions. lately i received harassing threats from my “ex-wife” demanding 70% of my salary. she have tried to send demand letter to legal department of my company months ago but it was overturned. i only want to know how can i counter these harassment that i am receiving since i am supporting my children the best possible way i can and i know she will only use the money for her vices/partying and to pay loans that her family incurred.
thank you and i hope you can help me out with my problem.
Best regards,
Hello –
I’m a single mother and the father of my son is not giving regular financial support for his child. The father is currently working in a hotel here in Cebu. I just want him to shoulder all school obligations, but that is not happening. I would like to know what to do so that my son gets what he’s supposed to get and that the father be responsible enough for his responsibility until my son finish his studies.
You’re assistance will be highly appreciated. Thanks!
I am from Phil..I have 3 children with my live in partner..I am currently working here in KSA.i didn’t fail to send money to them until July 2013 I stop sending because I saw in Facebook that the mother of my children having an affair with other man they are now together in Dubai…I recently got married and the mother of my children threatens me she wants support.can you give advice for me..thank you
hi, i would like to ask for help regarding my situation right now, im a mother of 3, me and my husband married for 11 years, Recently i discovered that he cheating on me he decided to leave us and go with the new girl he is with. please help me we have been abandoned, 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 our 3 children. what will i do?
Sir,
Good evening sir. I am single mother. I have daughter 9 yrs. Old. His father is currently worked at Saudi since July 2012. Sad to say I am the second partner, she was already married. Mabait nmn po father nya coz he gave a monthly allowance. Private school po kasi anak ko atvyun din nman Gusto ng ama. We ended our relationship last 2012 dahil nahuli ko po may iba pa syang babae bukod sa amin ng Una nyang asawa. Ask ko lang po ilang percent sa salary nya dapat ibbgay nya sa anak ko. Hindi po kasi fix ang monthly allowance na pinapadala. We talked verbally na 15k monthly pero hindi nya po tinupad. Sometimes 9900 pero madalas 8900. Engineer po sya sa Saudi. Ano po pede nyo maiadvce..
Thank you