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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Hi atty. i want to know about my right as a wife. my husband when to vietnam to work, but unfortunately he already forgotten us for almost 2yrs now. and through internet i learned that he is already living together with officemate in vietnam. i want to know what is my right as his legal wife as well of my children and what can i do to get support from his provided that he is in vietnam. can i file him case of R.A. No. 9262, otherwise known as the “Anti-Violence Against Women and Their Children Act of 2004.” if yes how coz he is working in vietnam and i am here in the philippines! pls help, thank you so much… god bless
If my son father lived in the philippines, and me and my son lived in usa,can i file for child support in usa?
Good day!
I am 24 years old. I was married last September 21, 2013. Last month, me and my husband had a big misunderstanding. He run away and i didn’t know where he is right now. Rumors had been very rampant telling that he had another girlbut i do not know if he is with him. He never came back until now and its been a month. His parents are supporting the needs of my 1-year old son. And now, I am planning to file a legal case against my husband and if there is really a mistress, i will also file against her too. What am i going to do? I don’t even know where he is right now. Pls help me
Sir,
Good day, just call me to a name of PAPZ and im separated with my live-in partner with 1 daughter, and now legally married to my new wife and 3 kids… my concern is, how much will i remit to my daughter since my income is only P7,000 pesos??? because my live-in partner before always threaten me and my family if i don’t gave my financial support for my daughter… can you please help me with this.
Thank you very much and hoping for your response as soon as possible.
PAPZ
Hi Attorney,
I just want to consult about my situation, I am married but we are already separated, I have son with my husband, then I had past relationship with another man, and I had a daughter with him, how can I file a documented financial support for the father’s of my kids since we are not in good speaking terms. I am afraid that later on they wont be able to provide my kids with the support they needed.
And also If I file it in court any estimate on how much will I pay and how long it will take?
Looking forward on your reply.
Hello .. i am joanna i just want to ask if can my husband petition us in US together with my 5 year old son? My son my first child has a different father and he gets the lastname of his father.. his notsupporting his child for morethan 4 years.. or i willstill needthe consentof his father
Sir,
My ex and I part ways when my son was about 7 months old. At first he was supporting the kid. I did not obliged him a certain amount of what will be his assistance instead I just simply ask him to support the kid.
Our son is now 4 years old. Later last year, the support he is giving lessen compared to the previous years and to top it all, always delayed.
I wanted to obliged him for a monthly financial support for my son but this time in BLACK & WHITE. can you help me sir what are the procedure and where can I possibly request for assistance in doing so. I can’t afford to pay for a private lawyer.
Thank you and God bless.
Need help. My male cousin recently got separated from his partner. They have one child. For the past 3 years they have been living with my cousin’s parents, who’s supporting all their basic needs. Now that they parted ways, the girl kept on demanding for child support. Unfortunately, my cousin is jobless. He is currently looking for a job but the girl keeps on pressuring him for money. How can he give financial support when unable. Does the law make him a criminal?
Ni si..
I am a single mother to my son 3months old i never get anything to his father. I told to him about may sittuation he never reply to may message. I get his full name he is a Filipino and his working as a seaman. How and what i can do to get a financial support for may child? Hope you man help me out.
iam beng having 3kids my husband have wife n kids he stop giving support of my kids…plsss help me to talk to my husband to give a support for my kids