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,
I have a child from my past gf,Since then I support her but last year when I vacation she didn’t let me bring my daughter,so,because of that I cut my support. And then, she want to claim for support financial and she demand 12k monthly when I onboard a ship and 5k when I have no job. My question is,how much I give monthly? My basic salary is 1300$.
Thank you
Good evening sir,
Ako si teresa ako po ay may ibang pamilya na pero gusto ko parin pong humingi ng sustento sa ex husband ko,ang anak po nmin ay anim na taong gulang na.naanakan nya po ako nung mag 2 years old npo anak ko d na po sya masyadong ngbibigay ng sustento pero pero once a month po kinukuha nya yung bata.makakahingi po ba ako ng child support kahit sa sitwayon kong ako ay naanakan lang?
Hi:
this is michelle gusto ko pong magtanong i have 4 children at all dalawa ang college @ isa ang high scholl ang isa naman special child nagkahiwalay po kami ng husband ko wala pong klaripication sa pag bigay niya ng suporta sa mga anak ko nag work po siya sa isang malaking resort … ano pong gagawin ko . kumonsulta napo ako sa kanilang opisina sa Hr ang sabi hindi po ako pweding kumuha ng supporta para sa mga bata kasi wala silang hold sa salary kailangan kopong gumamit ng abogado para sa supporta ng mga bata.
ano bang dapat gawin
Good day attorney,
My question is. How about if the parent is capable of entering the child (underage, supposed to be in hs but still in 3rd grade, not bec of financial reasons nor mental health) but is not willing to enroll the child in the school?
Hi, Im a single mom and my son is just 3 yr old, i wanted to ask for a support from his father, he is a stable man and there is no reason for him not to support my son. His father has a family already and we are not in good term. My son still on a bottled milk and went to a pre-school already. He is trying to blackmailed me that he will not give any support unless i will let him visit my son. We are still on the stage that were like cursing each other, giving back fowl words and pain is still there. I dont want him to see my son and even we are in good terms b4 he rarely visit his son, maybe once in a week. We really wanted to move on just me and my son but i want him to do his responsibility with out visiting us. Btw he honor his son in live birth cert. Im planning to stay away from him and moved into another house so he cant bother us.. What will i do?? please advice me
Hi Good Afternoon,
I just want to ask what should I do on the father of my son, were not married, I separate with him after 7 months I gave birth to our child.At first he is OK to give a financial support to our child but after one year there’s a time he delayed to give a money to support for our son until now sometimes he delayed . I know he have a reasons but that’s to much to forget his responsibility to his son. What legal terms could I do to make a formal or legal for giving a financial support to my son with his father?
hope you willhelp me and my daughter.
Good day Sir, my name is Rouge and I have a son 13 years old by now. i left our home 2 years by now because of our complicated situation. my son is with me and I would like to know what to do to make his father support my child for his education. we lived separately for 2 years now and he already has a live in partner, but we are married. i dont want to take him back in our life but i need his support for our child. what should i do? your response is much highly appreciated. Thanks and more power.
Hi Good day po. Gusto ko lang po sana malaman kung magkanu po ang nararapat na sustento dapat ibigay samin ng asawa ko. 3 po ang anak namin sa singapore sya nagtatrabaho almost 75k ang sinasahod niya pero 20k lang ang ibinibigay niya samin. pianalipat niya kami ng bahay para mangupahan pero imbes na dagdagan niya yung pinapadala niya ei lalu pang lumiit.. Meron syang babae. Sa mga post nia ei puro na lang sila pasyal sa ibang bansa. Puro kasiyahan. Nauwi nga sya dito sa pilipinas pero hinde para sa mga anak nia kung hinde para samahan ang kabit niyang pumaxal sa pamilya nung babae. Kailangan ko po ng tulong niyo para malaman ko kung anu ang aking gagagwin. Maraming salamt po.
Hi! Good PM po! I would like to ask po if what case can i file or what can i do to the father of my daughter to ask him to support our daughter financially. My daughter is now 3yrs. old, but the last time he gave support to us is when i gave birth to my daughter. After that he didn’t give anything. My child’s Last Name is under me, the time i gave birth he told me that he is in province to do some family matters. He’s already married but already living separately. During the time of my pregnancy, were not in good terms na and he already have girlfriend. Months after i gave birth, i cut all connections to him, i changed my cellphone no. Because his girlfriend is annoying me, from the time of my pregnancy up to months after i gave birth he can’t control his girlfriend. The only way i can communicate him is thru e-mail and thru his office contact no. Hope you can give me some advice on what to say to him if i’m going to write a letter or what case can i sue him. I’m going to wait for your reply po. Thank you.