Legal Support for the Child and R.A. 9262

Through all the family cases that we’ve handled, we’ve 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’s easily understandable that custody is one of the more contested issues. However, the issue on child support should not be as complicated.

Well, it shouldn’t 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, thus: (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’re 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”.

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.

743 thoughts on “Legal Support for the Child and R.A. 9262

  1. single0420

    i would like to ask also regarding for my son about that automatic green cardholder.. is it true that when the father of my son is a green cardholder already my son is automatically a green cardholder to?what should i do about that?what will be the processes? thank you!!

    Reply
  2. mar

    Hi! I’m curious to know what if it’s the other way around. my son lives with me he does not want to live with his mother. she’s a flight attendant and is out of the country 15 days or more a month. I asked for half of his schooling and she refused. i take care of everything, all i asked was for his school. what rights does my son have to get support from her? i make 40k a month she make’s 80 to 100K she says if he stays with her she wont ask for a cent. on my end i don’t mind giving for his school. she took him last june but he came back to me july and said he wants to stay with me and study in his old school so i put him back. he will be 8 years old this aug.

    Reply
  3. daveyjezra

    hi.. Atty Fred,

    i know this is something confusing for everybody who will be reading this so i’ll put it this way.

    H – husband
    w – wife
    E – ex girlfriend. went abroad without formal break-up with H.
    However, she knows that H got married.
    c – concubine,
    F – Father of H

    here we go.

    May 2006 – H and W were married. H source of income is to drive their family’s public utility jeepney. W resigned from her work.

    January 2007, the first baby was born. W shouldered almost all of the hospital bill.

    April 2007, W went back to work because H income is not enough to support the growing need of the family.

    June 2007 H and C had affairs. w keep on asking H about it because she heard rumors about it but H keep on denying until october 2007 when W knew about the relationship. H asked for forgiveness and promised in front of W’s family and so W forgives.

    F is advising H to leave W for his personal reasons when in fact he agreed on H and W marriage.

    January 2007, second baby was born premature d and stayed in the hospital for 14 days. W and family paid all the hospital bills except for 3,000 pesos which was borrowed from H sister.

    june 2008 H decided to work abroad. W helped him financially. unfortunately he was not deployed because of the global economic crises. however, the agency promised to work on it but was not sure when he will be deployed.

    December 2008, H was employed in transporting company. H seldom goes home for his reasons that his schedule is shifting and jeepneys are not available late in the evening when in fact he can ride on a taxi if he wishes. so he sleeps on his sisters apartment.

    december 2008 E went home from abroad and meets H on his work. they then have communications via text messages which W incidentally reads on H cellphone.

    W keep on asking H about E but H keep on denying that they have an affair with E. until one day w captured a cellphone from H owned by E with “i love you, where you” on the outbox with H sim card on the phone. W and H now have misunderstandings and quarrels. .

    Late April 2009 H and W has great quarrels on phone calls and text messages. H no longer goes home. E regrets to talk to H in person. while F keep on advising H to leave W. H did not give any financial support to W and kids.

    June 3, 2009 W incidentally meet E and they talk together in a nice way. W asked her about H and she said there was nothing about them but friendship. However, She acknowledge that they date together with H.

    W and family asked H and family for a talk to possibly solve the worsening problem between W and H. However, only H’s mother appeared and told W’s family to postpone the talk because H and F are not available.

    June 12 W and kids went out of town because W felt that there was really something going on between E and H.

    W received only a few text messages from H. August when W received an sms from H saying he does not know how to call her and that was his latest txt message. no more communications after.

    November when W heard the news that H and E are living together and that E is pregnant.

    Late December, w called H and told him that she forgives him and E. and told H that she respects his decision.

    January 26, F sends an sms to W that his willing to give allowances for the kids and told her to go home with the kids so they can talk the matters over.

    February 9, W and kids went home. H and F knows about their arrival. still they did not make any action up to this date.

    February 13 E gave birth to H son. meaning E is already pregnant when they talk with W on june 2008 and they already have affair when W and H has great quarrels.

    Hope this one will be given an attention. W and family does not know what to do anymore. Hope you can help. It will be very much appreciated. Thank you.

    1. Can W sue H and E? or will it be on an amicable settlement only? if so, what should we do first, and then next?

    2. Can W seek for his financial support without having to go to a lawyer? Do we have laws wherein the financial support would be automatically deducted from his Monthly salary? This is to make sure the children gets it every month. or can W open an account under the kids name where H will deposit their allowances?

    3. Can H use his real property like land or the family owned jeepney to give as his financial support to the kids and then no more monthly allowances?

    4. If W is going to file a case, what is the estimate expenses for all the fees she needs to pay? What case should W file?

    5. If on an amicable settlement only, what legal claims should W put in the agreement?

    Thanks a lot sir.

    Reply
  4. awife

    hi sir!
    my husband have 2 children with other girl. the girl is filing a case against my husband because she is asking for financial support. my husband and that girl has an agreement that my husband will give 2500 monthly, but there are times my husband fails to give support because of some important instances. the girl is demanding for the support, but the salary of my husband sometimes is not enough to give support to them.
    the girl will file a case against my husband, what can i do as a wife.. what are my rights and my son? how can we fight that girl?we are the legal family, my son and I.

    pls. reply on my email asap.. tnx! my email add maestreliaann@yahoo.co.uk

    Reply
  5. babyspy08

    Atty. Fred,

    I would like to seek answer to my questions regarding the child support for my nephew..My cousin is really bothered about their situation rightnow..My cousin is 39 years old she filed an annulment complaint against her husband a year ago..The case is still on process..They separated when the child was still 5 years old and rightnow he’s already 18..Since before the father only gives a very little amount for the child and it’s not that consistent..All thne while when my cousin was still abroad she’s not demanding from the father because she can afford to raise their child alone..She went back in our country 5 years ago..Until now she doesnt have work..And their son is already in college so it needs a lot of financial support from the father..So the father told my cousin that the tuition of my nephew should be divided from both parents..How could my cousin supprot their child because she doesnt have a work..So to say, their son has ADHD and it’s really high maintenance..My cousin is the one spending for his medications and therapy since he was a kid..If her husband doesnt have a work she’s the one spending for the needs of their soon even school..But now she doesnt have income..Does my cousin deserve to demand from the father of a certain amount for their son?..Is the father liable to pay for the entire tuition of their son?.The father is earning about 150,000 or more NET every month..how much do u think would be the specific amount can he give for their son base on our law?..may i know the proportion of the financial support for the child base on his father’s income?..I think its a basic reality that the father should be the bread winner and he should be the one to shoulder the needs of his children regardless of the mother if she has an income or not..She had given everything to their son but it’s just that she doesnt work at all..It’s too expensive to send a college to an aeronautical school..I’m looking forward for your reply it would be a very big help for me..Thank you very much..More power & God bless you!.

    Reply
  6. karen2010

    Good day, Sir. I have a friend whose husband has an illegitimate daughter. The daughter was left to the father’s care since she (the daughter) was 1 year old. A letter of agreement was signed by the mother entrusting the child care and support to the father. He in turn had his sister and parents take care of the said daughter. Now that the daughter finished high school, my friend’s husband wants his daughter to live with them so that they can economize and that he can continue sending her to college. The daughter refused to do this and has now made her mom (my friend’s husband’s ex, now also married) make threats of filing an abandonment case.

    Can the mother do this — file an abandonment case against the father, when in fact, it was the father who has been supporting the child most of the daughter’s life? My friend is amenable to support the illegitimate daughter of her husband up until she is 18 and does not want to do anything with her after that. Does my friend and her husband have the full backing of the law on this one?

    Thank you so much in advance for whatever legal advise you can extend.

    Reply
  7. pmoments2010

    im married, we have two kids. because of alot of issues between us, alot has happened, i felt out of love for him, there’s hatred already.

    He wants us to be together but unless i go with him (because for your info ever since we were married since 1999, we didnt live together as a family because of issues, i lived with my parents) he always threaten me not to give any financial support to my kids. when i worked also for abroad 4 yrs ago, for the first 2 1/2 years he didnt give any support to my kids unless i go back home, its just in my 3rd yr he gave certain amount to help me because i was the only one supporting my kids and my relatives who live at my parents house (my parents at that time are living at the states) and the fact he is earning more than me. Now that im back home at my parents house, he’s threatening me again if i dont live with him he will not support the kids again. we both know our relationship as husband and wife is irreconcilable already but still he demands us to be together.

    what shall i do sir? can i deman for financial support from him even i dont want to live with him anymore?

    Reply
  8. jhen02

    good morning! I’M a 18 year old single-mom to my three month old child. My past boyfriend is the biological father of my son. He is 21 yrs.old and he have a job and I am just a student. Does my child have a right to ask for any financial support?And i got pregnant during 17 yrs.old. Do i have a right to file any case? and what is it.
    hope you could help me. thank yo

    Reply
  9. mai

    situation: not married, has 3 children..not in a relationship anymore..

    the mother of the children filed a case for financial support against the father…But then the father has no job yet..meaning no money to give to the child..would he be imprison? they have been separated because the mother hurts/battered the man..is there a law to protect battering against man??

    Reply
  10. Anj

    Hi. I was just separated from my husband for more than three months now. I resigned from work for more than a year now which was a mutual decision for our child’s sake. He’s giving child support to our 4 year old daughter from three to four thousand Pesos every payday. I want to know is this amount appropriate since his monthly salary is nearly 45 thousand every month? He’s paying the monthly amortization of our condo which amounts to Php12,700, his sister who also stays with him shares Php3,000 monthly. Also are we entitled for the cash benefits he receives from his company like his 13th month pay, sick leave reimbursements and win-share bonus which amounts to a one month pay. If so, what is the percentage that he’s suppose to give us.

    My other concern also is can I get back the money which he made me “abono” for our other bills and expenses in the house. This came from our daughter’s savings and from my SSS benefits, which is intended for the business I am planning to start upon my resignation. He promised that he’ll return them to us, if not i would not have withdrawn them especially my daughter’s savings.

    Lastly, can i file anything against him and the women he’s been involved with? Are sms enough proof to do so? Because he admitted all of his relationships with them thru sms.
    I hope you can enlighten and help me on these matters.
    Thank you so much and God bless.

    Anj R

    Reply
  11. tito

    Magandang araw po Attorney,

    Ako ay OFW dito s Saudi naghiwalay po kami ng aking asawa dahil sa mga bagay na hindi namin napagkaka sunduan. Wala po kaming naging anak.Sya po ay Empleyado ng Gobyerno Nagsampa sya ng kaso sa PAO nung nakaraang taon at humingi ng sustento sa akin kada buwan na akin namang sinang ayunan. May nagbalita po sa akin na may kinakasama na siyang ibang lalaki, Ano po ang maari kong ikaso sakali na mabuntis sya ng kinakasama nya? at maari po ba na ihinto ang buwanang sustento kung sakali siya ay mabuntis?

    Lubos po akong umaasa sa inyong tugon, Maraming salamat po!

    tito
    KSA

    Reply
    1. citizen

      first of all if she is able bodied and has the capacity to get a job there’s no reason for support from spouse unless certain conditions such as medical/physical/psychological aspects are concern,but otherwise she cannot force you to support her.

      Reply
  12. vien

    Is there a way to get a child support if the child is in US and the dad is in the Philippines earning somewhere between Php 80,000 – Php 100,000 per month? We migrated here 7 years ago because of a family petition. The son is in 4th year high school, 19 years old. He was held back because of their Middle School curriculum. So in 19 years, the money given by the biological father is $150, the material things given to her would amount to $1,000 to $2,500. Never thought of child support before, until he is about to go to college next year. College in US is more of a privilege than a right to education. Yeah, plenty of grants and scholarships are available, but they are not guaranteed.
    The biological father has 5 cars, engages in car racing, frequently travels to US, Europe and Asia. At least 3 travels in a year, one in each of the continents mentioned.

    Advice on this matter is highly appreciated.

    More power!

    Reply
  13. chi.gamez

    Hi! I am soon-to-be solo parent by June, due date is on June 6. I am fighting for the right of my child. My ex boyfriend and I had a bad separation when he discovered that I was pregnant and he knew that he is the father. Right now, he denies that he is the father of my child. My questions are the following:
    1. How to demand a paternity test where he can’t say no? like it is issued by a court
    2. How to file a child support?
    3. If he will give child support, does it mean my child will carry his last name?

    I really need help because of I am serious in filing legal actions to this guy so he can’t get away with it. I am just fighting for the right of the my child.

    Thank you.

    Reply
  14. wisdom

    pls. email our Senator Pia Cayetano, Senator Loren Legarda and Senator Francis Escudero.. to expedite the Senate Bill NO. 1338 this penalize Non-Payment of Child Suopport which is still pending up to know.
    here is the billed filed by Sen Legarda.

    PLS.. PASS..

    Penalize Non-payment of Child Support

    August 30, 2010

    Senator Loren Legarda said that willful failure of a parent to pay child support should be punishable by Republic Act No. 7610 or the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act and Presidential Decree No. 603 as amended otherwise known as the Child and Youth Welfare Code.

    Legarda filed Senate Bill No. 1338 to defend the right of the child.

    The proposal is to include the willful failure to pay child support.

    “Child support refers to any amount determined by a court judgement, decree or order to be due from a person for the support and maintenance of a child.”

    Legarda’s bill provides that any person who willfully fails to pay child support shall be punished by prision correccional under the Revised Penal Code if such an obligation has remained unpaid for at least one year or has an outstanding amount due of Fifty Thousand Pesos (P50,000.00).

    “A law punishing the willful failure to pay child support must therefore be enacted,” Legarda concluded.

    Reply

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