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. Im Wency, I have a father who wasnt supporting us.. Even he knows where we are right now, he denied and abandoned us. I have a brother too, named Adli. My mom already died. And we need our father to suppprt us but he is with his other woman. My mom and him is legally married. And I have the papers, is it useful to file a case? What would be the case? What will happe my father too?
Good Day Atty.,
How early can I file a child support, father is an OFW and how long does process will take? upon my research there’s a hold departure order. Gusto ko po sana ma finalize ang child support bago siya bumalik sa ibang bansa. Thank You
Good day po.May naka live in po ako and my 2 kids po kmi n nka acknowledge s kanya and he signed theyre birth certificate..nasa Nevada USA na po xa 6 years na ngayon..and nalaman ko sa sister in law ko n nakipagrelasyon ang ka live in ko sa USA na naging dahilan ng di maayos n pagsusustento nya sa amin.how many times na kulang ang sustento at ngayon madalang n ang padala nya.want ko po magtanong kung anong dapat gawin at ano ang mga rights ng mga anak namin na naka acknowledge sa kanya kahit di po kama kasal,by the way 10 yrs.old po ung panganay namin na lalake at 5 yrs.old na girl yung bunso…pls.help me po…
Good Day,
Hi Sir
I’m a married woman with 7 year old son and legally married last 2008. My husband left us last 2013 due to third party. for the first 3 months he provide financial support to us but unfortunately after it until today he don’t provide any monetary support for us. What should I do for the following problems:
1. Abandonment
2. Financial Support for the spouse and child?
3. I want to be legally separated due to his acts but still need to have financial support the child?
Your assistance will be highly appreciated.
Thanks a lot
Hi, Good Evening Atty. I have been married for 8 years. My husband agreed to provide child support however, I would like to clarify if we have an agreement that he will be providing child support does that make us legally separated? Does that mean he can already start having relationship outside of our marriage?
Thank you for your kind response.
Elow po may tanong po Sana ako ilang percent po b ang pwd makuha Ng anak ko Sa tatay Nia na nag tratrabaho Sa barko seaman… Meron po bang tamang percent para Sa anak Sa labas… Pero wala pa po asawa Yung tatay Nia and di po kami kasal may karapatan po BA ako manghingi ng nararapat Na sustento Ng anak Ko Sa tatay Nia? At magkano po
Atty.good evening im 32years old im a single mother my son is already 7 years old ive been a mistress of a business man in iloilo at the age of 23 to 27 we have a son but i decided to put a period between us i visit this site because i realaly wanted to ask my son have right to ask financial support to his father? i dont have any evidence just only DNA TEST..IM LOOKING FORWARD TO YOUR HELP THANK YOU..
Hi good day,
My son 31 yo legally married for a year and now has a 1 mo old baby.
His former common partner (they were separated 5 years ago) filed a 9262 case after my son asked consideration to temporarily stop his support to their now 7 yo child last year in preparation for his wedding. My son is an ordinary call center employee and has been supporting their child despite trying to live his own life with a meager salary an average of P4,000 to P6,000 per month. The ex would not hear of the request for the temporary non-support instead demanded for a higher monthly support of P8,000 to P10,000 monthly. The family of my son’s ex are very well-off, in fact they had a HongKong tour a year ago without the consent of my son. They can even afford a cochlear implant worth P2million for the child who has impairment in her hearing since childbirth.
Now that my son has a real family of his own with his wife working in the same call center, they would like to live a normal peaceful life. How can they with this kind of harassment from a bitter ex?
I would like to mention that when they were yet together, my son had many times came back home for reasons like, there was no food prepared for him when he comes home from work, he has to attend to their child even tho he needs to recharge from a whole night duty, when he got sick one time, he had to come home to me because nobody would take care of him.. I so pity my son. How many times did I tell him to go back and try to fix things between them, but finally when he got sick that when he said he wants to come home, i agreed.
Is P4,000 not enough? They want my son imprisoned because he left their daughter? They have been flaunting of new cars, travels, money…
Please help find justice for my son.
Thank you so much for your advice.. I will be waiting…
Hi,
I am married to an American and we have a son. I have not seen or heard from my husband since I was 8 months pregnant with our son. We were married in the PH. I was wondering if I can demand child support and what I need to do to be able to do that.
In dire need of your assistance and advise.
Thank you.
Ame
Good day,
Tanong ko lang po kung ano pong magandang gawin.. Ung asawa ko po eh ayaw mag bigay ng sustento kung hindi ko ipapahiram ung mga anak ko.. Ang problema ko po eh adik po ang asawa ko ayoko naman pong magisip ng masama pero iba na po kasi mundo ngayon mga babae pa ho ang mga anak ko.. nakatira po sya sa mga magulang nya. Ang masama pa nito his accusing me na baliw ako magpagamot daw ako… which is hindi naman po totoo siya po ang naggagamot. naggagamot ng shabu