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
Good day Attorney,
I’m a single mom who have a 1 yr old child to my ex.we are not married
Nor he did not sign on my daughter’s birth certificate all I want is to ask a financial support from him but every time I do that he always denied that
He is the father…Attorney aside from DNA test what else evidence that I can show to him in the court because DNA test is too much expensive…what the
Best thing that I can do?thank you and God bless
Hi Attorney,
I am married to a british guy and we have 1 year old son. We got married here in Philippines. My husband is living right now in Uk. We are not legally separated but we are having problems that as of now we rae no longer communicating. I want to ask as a wife, what support i can get for me and for my son since we are not legally separated?
Good day. Sir,i am a single parent. My child is now 21 years old. is my daughter have still the right to ask financial support from her father. her father is working in japan. He went home here in the philippines several times and never contacted his daughter. he knows where we lived and i already gave my cp number to his brother but never contact us. what will we do sir? my daughter wants to continue her studies.
Good day Attorney.. I am Albert. I am married with 3children but I am no longer with my them since 2010. I had a one night affair last 2011. This woman is now claiming that I am the father of her child. I wasn’t aware that she was pregnant before. She never told me about it. She also had another partner after me. Then she is now asking for child support. I have doubts about this and I don’t want to give financial support unless proven that I am the father. I also don’t want to waste money and time. But she is forcing me to give her financial support. Please help me with this. Thank you.
A blessed morning Attorney!
My husband was a OFW in 2005 and he seldom send financial support to our child
In 2009 i confirmed that he has other women from our friend, he return to the country in 2009 and with the request of our son i did try to fix our relationship and we had our 2nd child. After giving birth last January 2011 up to present he did not send any financial support to our kids. He seldom send monies, maybe once in a year.
I talked to him to share he send 1500 in certain month then he stops sending as he said his income is not enough.
This year the two kids will be both entering the school and with my minimum income i cannot support everything, from house rent, power consumption, water, meals and our children education.
Please help, if i can file a demand to him sent to his company HR to inform its company that he is not supporting his children and violating the law of having relationship with other women
Thank you so much
Appreciate your guidance
Melissa
Hi i would like to ask coz its been five years i havnt registered my child due to some errors made from her baptismal. In the baptismal, it was mispelled by the secretary and that the surname taken was from the mothers however, now i want to get and file a certificate of live birth where i would like to use the fathers surname since she was acknowledged by him. And that the registrar wont allow it coz they require the baptismal and that was mispelled. It has been five years, i know i got a mistake but i want to straight it out. We already had each others family in which my daughter appears to be illegitimate. Please help me what to do.
My husband’s other woman is controlling my husband from seeing our two children. She also holds his salary and child support.
what is the proper way to deal with this kind of a woman?
Hi,
Please help me, I’m a single mother of a four year old child. Aside from being a breadwinner for my family I cannot bear the expenses anymore for myself. So I decided to go to the PAO and file for a child support case. My ex did not come to any of the hearings in the fiscal office and at the end it was dismiss. I filed for MR and it was dismiss again for lack of merit. I was puzzled as my ex did not give any proof that he was supporting my daughter and as of now he spend all of his cash on her gf and her gf’s son to another man. I have all the proof even a written agreement that he will give me support every month from their barangay. I don’t know what to do next as my daughter is going to school this year. Please help me.
Good day,
I Allan, presently working here in Uae, and unfortunately my wife left me with my kids, they went to province without my knowledge, what i did is i ask my mom to go to province take my kids from them so that they can study well in manila, my x wife left my kids with her sisters that has so many kids. my mother filed a custody of my kids, because i want them back in Manila, what she sis was did, she told the DSWD that im not providing enough for my kids ( i have evidence that i kept sending money) , and she told the DsWd that, i was going to rape my daughter. After that they signed a agreement in DSWD that, i will provide everything if they will go back to our house in Manila, but she refused. One person is sending me text messages saying that… ” putang ina mo, kung mkikinig ka s nnay mong sugarol at utangera, ng file kmi s lawyer n hindi nio pedeng kunin ang mga ank ko dahil ippkulong ko ang nnay mo at ikaw mgbgy ka ng pera pra s mga bta. amo ako ng aswa mo” …. ano po ba ang dpt kong gwin, aaminin kpo once nkpg babae po ako kc po tao lang ako pero nging good prorived po ako s mga ank ko at s aswa.. sana po mtulungan nio ako nlilito po ako tlga
Gooday po! Hinge po Sana aKo advise. May anak po ako 8yrs old. Hindi Aq kasal sa ana nya. Dahil May asaWa. Isa po syang seaman,officer. 2013 May last nya Padala tru bank. After that year Wala na po. Lumpur na Ako sa Poea boni guan Ako Konya San agency sya. Magpadala ako letter para sa Kanya Walang sagot. Lumpur ako sa owes main sulot ako dahil Ako Lang daw nag ha habol Kasi wla daw lapa sodas ang anak ko para mag reklamo dahil bata pa. Ang point ko Lang nman huminge ng financial support dahil mahilig apan ako nila ng na demolish ung pwesto namin along Edsa quezon ave. kung Hindi un manguto kaya ko buhayin anak namin sa bago kung pwesto Hindi kumo Kita dahil bago. Mag pm ako sa fb nya Wala din sagot nagmamakawwa nko sa kanya wla rin sagot. Hindi ko kya pa kumuha ng atty. Sana mabinuangan nyo po ako ng tama ng gabay para ma bigyan ng normal na Buhay ang anak namin Kahoy d nya nakita ang Tatay nya.maramaing Salamat po. Mary