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 day attorney i have a son 3 years old his father is still single unmarried, his family disapproves our relationship because i am a married women separated with my husband 8 years ago but our separation was not legal, what are the rights of my son to his single, unmarried father?
I am a wife and a mother of four for 14 years now. I used to work and earn enough for the family while my husband earn less but it had never been an issue for me since we are a family. Therefore, never had I demanded from him to share for the expenses at home and with the kids. However, last year, I did quit my job for some reasons. I have received quite amount of money but it easily disappeared as it is the only source that we have. I do some part time jobs but not really enough to cover all our daily expenses. This week, I am zero balance so I asked my daughter to ask for their baon from their dad. Prior to this, we have seen her atm receipt and he has 10thousand in there so we were telling him to pay for the house rent, electric and water bills. My daughter had even made some drama just to persuade her father. As my daughter headed to school yesterday morning, my husband gave her 1 thousand bill and my daughter only gets 100 for her baon. I took the bill and try to find smaller bill from my purse to give her. My husband get the bill back from me and he gave 20 pesos bill to my daughter. He said to me “Mukha kang pera!” That made me so furious and I wanted to kill him. He even asked me to leave instead if I complain about money. How dare him to tell me that! For the past 14 years where I had a good job, never had I demanded from him. Even now that I am jobless, I never asked from him and my kids know all of these. They were the ones even complaining about the set-up that we have at home. I feel so abused! I wanted to take some legal actions and claim my right as a wife! I have been so passive about it before because I don’t want to have conflict. But this is too much! He, as the father of four growing and schooling kids should provide for them. Please help me how can I make some legal actions and force him to give finances for the family. I am ready for the consequences it may bring. Thank you!
Hi, wen the time i knew i am pregnant,my boyfriend leaves me. he and his family provides only financial support until the 2nd months old of my daughter, after that he stop giving any support even communication has been gone.
now im a single mom of a 7mons old baby,
how can i sue or file legal support for my daughter?
can you pls help me understand its regulations and rules in asking legal support .
he refuse to provide financial support, he also already new girlfriend
thanks,pls reply to my email.
Good day. I just want to know if I could get a child support for my son. His father and I are not maried and refusing to send financial support to his son. He is a Mexican but his living in Sacramento California and a US citizen. We still have communication but he keep on saying he doesnt have money.
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hello po atty.itatanong ko po sana kung hanggang ilang taon po ang bata na kailangan sustentuhan ng ama…yung partner ko po kasi eh hiwalay na sa asawa not legally bago kami nagsama at ngayon may mga anak na rin kami…mula po nang magsama kami tuloy2 naman po.ang sustento nya sa una nyang anak,pinag aral din po namin sa private school at hanggang college none stop naman.po sustento nya until this month lang po kasi nawalan kami ng gana dahil lagi naman po sya bagsak sa school parang nagsasayang na.lang po kasi ng pera…eh jeepney driver lang po partner ko at ako po ang nagwowork ngayon as an ofw to make ends meet…kasi di namam po kami mayaman…ngayon po 18yrs old na po sya kailangan po bang patuloy namin sya sustentuhan..yun po kasi demand ng exwife ng partner ko…kailangan po bang ang partner ko lang sumuporta samantalang.nagbubuhay.dalaga po ang nanay …please we answer po…
2. Excellent job once again! Thanks a lot;)
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 Dubai 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. your assistance will be highly appreciated
Reply ?
Hi!! Just want to ask am on the process of my annullment when i received a text to my ex husband asking if the annullment is granted bec he wanted to cut off half the child support to my kid who is 14 yrs old he was saying about solidarity obligations that both of us should now will shoulder half of the expense of the child . is that in the law? And how could i file him in court of child support he is working as account in large petroluem company .. Hope you can help me thanks.
Hi sir would like to ask?
I have my husband (seaman) and a son, we are married.
After i gave birth sa son ko , he accepted my son but hindi cya nag sign sa birth cert.
At first nagbigay sya child support but after 2 years bigla nag stop allotment and never cya nagpakita.
I found out may other family .
What will i do para mabalik allotment?
Naka blocked ako sa facebook nya?
Mahahabol ko paba yung sa anak ko kahit hindi cya nag sign sa birth cert?
An step gagawin ko.?
Thanks