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.

Legal Support for Children and Republic Act 9262

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:

  • (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“. [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.

Atty.Fred

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

  1. AvatarMrs.Angelica

    hi.. Atty Fred, weve been married for 6years now..and we both have a work now.2 years of that he has no work and im the one support all the needs of our family including my pregnancy deliveries for my 2 kids and im Ceasarian Section.The catch here we live in the same roof with he’s mother and my mother in law also has a work and the thing is all the expenses we live in a apartment is shared only by me and hes mother.He never give me any single penny coz he said he’s salary is minimum wage only. Our work is in sales so every month if we reached our quota we have incentives. But unfortunately he never declares it to me. I just want to know if i can sue him for not sharing the house expenses and not giving the right amount for he’s children. How much can i get from him? Is he can be jail for this case? Who can i talk to for this kind of case?
    Do we have laws wherein the financial support would be automatically deducted from his Monthly salary? This is to make sure the child gets it every month, without me having to meet the father every now and then.

    3. Can I seek for his financial support without having to go to a lawyer? I am avoiding conflict with him that might affect our relationship with the kid in the future. How bout a DEMAND LetTer? What is it and what legal claims should I put in there?

    4. If I am going to file a case, what is the estimate expenses for all the fees I need to pay? What case should I file?
    Tenks a lot sir

    Reply
  2. Avatardianne_danaya

    hi, i would like to ask for help regarding my situation right now, im a mother of a 4yrs old daughter, me and my partner are live-in only, were not married. Recently i discovered that he cheating on me and the girl is already pregnant. he decided to leave us and go with the new girl he is with. please help me if how am i going to after my and my child right, 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 his own daughter. what will i do? i want to have a legal documents that writter there that he must continue his obligation to us even if he already live to his new partner. obligation means, the child future inluding her education and food. hope you will help me with this, im also in shock right now but this is the only thing that i can do for my child.

    Reply
    1. Avatarmaricel

      hi atty.
      hello po..ako po ay 22 buntis po ako ngaun. ung tatay po ng anak q ay isang marine..pero nag aaply palang po..ayaw po ng pamilya niya samin ng anak q..pwede po ba ako mag file ng support sa father ng anak q kahit binubuntis ko plang siya?..at san po pwede mag file
      thank u po

  3. Avatarcharisse

    good day sir! my name is charisse and im planning to file a case against my dad.. My mom and my dad are legally married and they seperated way back when i was still 7 years old (but prior to that they are not already in good terms because my dad went to Japan when i was 2 years old and found another woman, and from that day up to the present i havent met him yet) though we talked, but he only calls me during special occasions like my birthday, christmas, etc. Anyway i am turning 21 this Dec. can i still file a case against him? i really want to get everything that he deprived me to…

    Reply
  4. Avataratria13

    Hi, i am a single parent and the dad of my kid is not giving regular financial support for his child. The father is in HK and i am in the philippines. All i want is that the school obligations be shouldered by him, 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 for the education of the child until he finish school.
    thanks. youe assistance will be highly appreaciated

    Reply
    1. AvatarLady Joyce

      Good day, Atty.

      I want to deal with the problem of my husband’s inconsistent financial support. He is working as a regular employee in a semi-government company.

      We have 3 schooling children- 2 of which are in college. I have to text or call him to remind him of his support every 15th and 30th of the month. Inspite of my early advise, he fails to attend to his obligation and just leave to me how to solve the problem. I end up seeking personal loans and help from our relatives.

      What document should I have to legalize the process of me requiring his salary to cover the necessary aupport of around P13,000/month?

    2. AvatarJennifer

      Good Day Atty.,

      I am a single mother and the father has a regular work, can I file a case regarding R.A. 9262 to the father of my child.

      Please reply, thank you.

    3. AvatarDarleen

      Hello po atty. I am OFW may Anak po ako sa ka live in partner ko at ngaun ng hi walay kami dahil nka buntis po cya sa ibang babae. Ung x ko po may regular job as collector. Gusto ko sana mag demand sa kanya nang supporta sa anak namin. Wala po talaga cyang binigay support financially. Can I file a case against sa kanya po R.A 9262. How many percent po sa sahod Nya. Your advice and help is highly appreciated.

    4. Avatarbernalyn

      Hi i have a black american x boyfriend lived in california usa and now we have 1 year old son and he stopped supporting for his son and stop communicating with me and i found out that he has another girl in part of samar philippines and has a 4 year old kid there that he is supporting.. i wanna file a child support to him his working in as a marines im u.s i know his name address and some basic personal info. But my son is not bringing his last name because he left us early. But i can offer DNA test. To get child support or even punish him and deport here im philippines. I hope i get a feedback from you guys and willing to give ths details about him. Thanks

    5. AvatarJenny

      You can go at woman’s desk, police station in your area. Narrate your situation.If you are married just bring marriage cert. Bring your child’s birth certificate.they will assist you so you can file a case against him for child support.

    6. Avatardon

      bernalin . u cant do nothing in your case.u are not meried with hem and baby he didn’t get the father name. u are stupid if u think u can bring in force that american citizen in philipine.

  5. Avatarsingle0420

    good day.. i would like to ask regarding financial support for my son..i should have finished my college level 2008 but there was a unexpected thing happened to me and that is early pregnancy. i have to stop for 2 yrs. to take care for my son..i already lost my father jan.2009 because of cancer..and my mother right now doesn’t have a stable job..regarding for for the father of my son he already migrated at the u.s for almost 3yrs.. his financial support to us is not that accurate!! i have found out that he have a new relationship there since last year 2008.. and we have already talked regarding that financial support but after that talking there was no progress..i was planning to send a letter of agreement regarding for financial support for my son..he just gives a little amount of money for a month which is honestly it’s not enough. is this agreement would be effective here and there in u.s? what should be the best way that i should do?

    Reply
  6. Avatarsingle0420

    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
  7. Avatarmar

    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
  8. Avatardaveyjezra

    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
  9. Avatarawife

    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

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