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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Good evening .I’m married woman to a man working as seaman..we been married for 19yrs but now separated with my husband .Before we get separated we set an agreement that my husband will give the 80percent of his basic monthly salary for the sustain of my two kids ..The problem now the said agreement of 80percent is not fulfill, my husband reason her mistress has a big credit that he must to pay ..In this situation what legal action shall i do for my husband ? ..Thanks pls help me.
My husband is a seafarer. He will be going onboard for his 1st international work. But lately, i found out that he was cheating on me again..w/ a girl related to his relatives also..but i guess on the other side..
They are seeing each other in manila for i am here in cebu. And he said he wants to leave me because he is jealous of my work as a floor manager in a japanese karaoke. In w/c of course some of them were giving me some stuff as their way of saying thank you for my pleasing welcome for them in our shop. He is making it a reason for always- but i am not seeing those guys outside of my working place. But in his case- he even posted on his fb account the pic of the girl and claimed as his girl friend. What can i do to punish him? How can i be secure of my rights on financial support hence he filed as single on his status? What are the favors for me? Since we dont have a kid. But i have 3 kids of my own and he has 1 kid of his own.
hi po,
tanong ko lang po kung may karapatan po ba akong manghingi ng suporta sa tatay ng mga anak ko.kasal po kami at may tatlong anak (13, 12, 9). pareho po kaming ofw, ako nasa dubai at sya nasa italy.
siya po ang unang nag abroad noong 2007..noong una po ayos pa ung pagpapadala nya samin…pero pgkatapos po ng halos dalawang taon lumi-liit ng lumiliit na po ang pinapadala nya..kaya ng imes-imbestiga po ako..to make the story short nalaman ko nalang po na may kinakasama na sya at may dalawa na silang anak doon sa italy.
kaya nakipaghiwalay na rn po ako dahil sa twing umuuwi sya ng pinas binubugbog nya ako sinasaktan nya pati mga anak nmn..hanggang sa nalaman din nya na may nobyo na rin ako sa pinas..
simula po noon hindi na sya ngbigay ng suporta sa mga bata..kaya ng desisiyon na rin po ako n mag ibang bansa..2012 noong nag punta na ko dito sa dubai.
umaasa po ako sainyo payo..
salamat
Hi, Im a single mom of 2 kids,We were not married but he acknowledged my children.But he already stopped providing financial support for several years.As of now i dont have any idea kung san na po siya nakatira.Please help me.What should i do.Thank you.
Dear Sir,
I would like to ask about what to do if my husband who works in Saudi converted into muslim and remarried and send few money for his financial obligations to our son. Please reply. Thanks and God bless!
hi attorney,
I need advise,may dalawa po aq anak and cnbihan po aq ng kinasama ko tatay ng anak q na aq nlang muna bhla at babawi nalang siya paguwi sa phil. hwalay po kmi at d po kmi kasal. ano po b pwdi i file. and anu po process may charge po ba? pwedi po b siya kasuhan khit nsa iba bansa siya
Hello Sir/Ma’am. I have a 3yr.old son, his father is an army assign in davao region. We are not married and already broke up. And my son is using my surname. I want to ask financial support from his father because I am jobless and cant provide my sons necessities. What should I do? How can I get legal financial support? Please help me. I’ll be waiting ur response. TY.
Hello. I hope you could help me this… but my brother have a son under his name but he is not married to the mother of the child as the lady is married previously and there was no annulment from the first marriage… now they are separated but the the mother wants a support for the child. my brother only earns P9500 a month and she is asking for P4000 …. the child is only in elementary studying in a public school….does she have the right to demand how much should my brother give to support the child? please help. thank you.
Hi, I’m a father.. my wife and I always fight (physically) I have one baby from her and she already has a child when we got married.. Now my wife will file a charges for me RA 9262 and she want me on jail but she want me to support them how can I support them if i’m in jail.. and what is my options on this kind of charges?
My husband has a child with another woman before we got married. The mother of the child filed a case about child support law. My husband regularly gives his monthly financial support to the mother and now out of a sudden she demanded for him to come to the court regarding child support law. My husband only earns 15k monthly which is exactly not enough for us especially now that I’m pregnant and about to give birth. Can you please explain to us what will happen then because the woman said that my husband might go to jail if he doesn’t come to the hearing. And what could possibly be the agreement especially now that we are only renting our house and will soon have a baby. His monthly salary wasn’t even enough for us, how much will they ask for him to give because we really have nothing. Thank you and i would really appreciate if someone replies.