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 Attorney
Gusto ko lang po itanong kung pwede ipa walang bisa ang kasal ng anak ko at ng asawa nya.20 yrs old pa lng po noon ang anak ko at 21 yung lalaki. Fake po yung pirma na ginawa nila para sa psrents doon sa kasal. Gusto na po ng anak ko na ipa annul yung kasal at maitama na po ang buhay nya. Nagkaanak po sila ng 1 babae at 1year na po ang bata. Nagaaral po ang anak ko ngayon at ganoon din yung lalaki. Kmi po ng ssawa ko ang nagaalaga sa bata. May support ba kming dapat mkuha sa lalaki na may allowance na 3500 a week galing sa msgulang nya kahit nsgaaral pa yung lalaki? Sa parents ng lalaki ay may mkukuhang support po ba ang bata. May mga business po kasi sila st may kaya po sila. Kasi mag 3 months n po ngyn since umayaw na sa asawa nya ang anak ko. Wala po silang binibigay kshit ano po para sa bata.may problem po kasi ang bata sa arms nya .hindi po nagalaw so need po nmin ipa therapy every week at dalin lagi sa doctor.if hindi po sila nagbigay ay pwede po ba kmi mag demanda? May karapatan po ba ang lalaki sa bata na hiramin sa amin ang bata kung kailan nya gusto? Sana po mabigyan nyo kmi ng advise kung ano dapat nming gawin.
Salamat po
Hi Good Day Sir,
I have a live in partner before, we are not married but we do have daughter. We seperated 3 to 4 years ago. He is a Messaman in a cargo ship. He didnt support my daughter after we seperate. What is the best action to do? I wanted him to pay for all the years he didnt support my daughter while he having another family to support in other.
Good Morning atty,
My brother is a military officer. .He is single , yet has a child with this girl. My brother is asking the girl about the child support since he is not planning to marry her. The girl is refusing to affirm about it. She really demands for a wedding in which my bother really hesitates.
According to the lady, she is not even have the plan to sign the contract or the affidavit. I would like to ask atty what else can we do that we can demand this girl to allow my brother to support the baby (1yr old now) without marrying her. How much is the required child support since my brother recognized the baby , currently paying for the educational plan and also and he build a house (pleasant) for the baby as well. We hope you can help us about this matter
can i have a sample letter of child support agreement between both parents?and how much should my husband will give to my son if his salary is 25k?
Good day! atty.
may tatlo po kaming anak ng ex-partner ko. nghiwalay po kami 2 years ago. ngayon nasa states sya mg 1 year na. may work sya doon. nasa apelyedo nya mga anak ko. tanong ko lang. kung pwede ba ako mgdemand ng support sa kanya appropriate sa needs ng mga bata. ngbibigay sya pero di sapat. dati kaya mga gastusin nung may work ako. pero ngayon wala ako work kasi nadisable ako
salamat po.
Hi,
This is just a consultation email. I am a single mom, Filipina, residing here in the Philippines. The father of my children was petitioned by his wife which is a resident of Montreal, Quebec. Canada.
We are not married but the father acknowledged paternity by signing on the birth certificate of my 2 year old son. My son is using his surname.
I just wanted to know if there are chances to seek child support even if he is already in Canada.
I am willing to file a child support case here in the Philippines.
Thank you so much.
good afternoon sir.i dont know what to do, im not married to the father of my son.but i want a legal action for my son.he was 5 yrs old and coming grade 1 this year, because i want to get a child suuport from him.he was a dealer in casino in cruise ship..can you give me a advice.or information.thank you..
Good afternoon Atty.,
I’m 29 yrs old married to a seafarer for almost 5yrs, .Last January 28, 2016, we’ve fight because of some porno picture I’ve seen together with his other woman. we argue and worst of it he physically maltreated me. On the next day I go for medicolegal purposes and report for blotter to women’s disk.But before that I blottered first to our respective barangays.and do a summoned for next day..unfortunately he doest appear. some summoned serve but no appearance at all. Last Feb uary 22, 2016, I got my certificate to fill action. Atty on my part what I’m doing this is to legally settle for aggrement which in trying to ask him to support as..Or else I’m I have the right or do I need to file civil case to support? Or what is my best things to do to have our rights of claim for allotment arrangement in favor to me as wife and for our daughter ( 3yrs old and 8months) .? Because now he is not willing to face any summon or appearance for legal counselling indue that he is with his other woman.
hi im 31 yes old and im seeking help. im 24weeks pregnant, the father denies the baby. he is refusing my call and he is not talking to me anymore.he also claims that he is single but i recieved a call from a girl claiming that she was the wife. she also said that she will kill me. ive never slept to any man only him. what will i do?
good day atty.
may 4 na anak po kami ng ex-partner ko. nandito po kami pilipinas pero sya nasa states kasi na petition sya ng nanay nya. 1 year na sya ngayon doon at may trabaho. tanong ko po, may habol ba ako sa child support. ngbibigay sya pero kulang.
more power and Godbless!