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 morning Atty., how can one claim financial support of a child born out of wedlock from a filipino australian father when the father is in australia?
Good day atty.
I want to deal my prob. Regarding my hubby he is currently working in canada 2months ago he stop his sopport with my twins aged 3yrs old… he even stop communicating me… we are married for 3yrs some of my friends told me that he has new partner in canada…. what do i need to do? Thanks
Magandang araw po,may live in partner po ako hiwalay na kami at may dalawang anak.Nagtratrabaho po sya sa Saudi Arabia maari nyo po ba akong tulungan,3 taon na po syang hindi nagsusustento sa mga anak namen.salamat po
Hi, I am a single parent. I have 1 child from a Singaporean Chinese ( we are not marries) who used to work here in the Philippines for about 15 years. When business was closed he has to go back to Singapore. He was supporting the child for the 1st 3 years only. We are still in contact with the guy but he didn’t send money anymore. How am I going to ask for the full support of our son? I’m tired of chasing him and always say no money when I know he has work? pLease help me. My son is already 7 years old now, carrying his family name.
Have a blessed day.Sir, ang asawa ko po ay ayaw ng magpdala ng allotment 4 anak nmin.2 college my trbho din po ako pra mkatuang sa mga gastusin.Nasa Africa po sya tinawagan ko po sya at inalam kung bkit wla ng allotment?Patigilin ko n raw mga bata sa pag aaral kung wl no pera at wl n rw sya mgagawa yan po sgot nya skin.San po ba ako rekta n pwedeng hingan ng tulong ?Direct n po b ako sa OWWA?Magddla npo b ako ng mga documents ptunay n legal ako asawa?birth certificate ng mga anak nmin?pkiusap po sana mtugunan nyo po ako God Bless po.
Good Morning Sir/Ma’am
My case is me and the mother of my son is not married then I only support my son for what I can. We are same Filipinos. The family name of my son is the family name of his mother not my family name. I just want to ask if is it possible that I will be the one who will raise our son. Sir please help me.
Hi, sir, i just wanna ask abiut my friends concern , she is single but unfortunately nakipag live in po xa s hiwalay but nakapagtataka po na yung asawa ng kalive in nya is already get married to her kinakasama din pwede b yung mangyari pero almost 10 years na po silang hiwalay ng asawa niya at mas naunang nagkaanak ung babae sa kanyang kinakasama kaysa sa friend ko. Gusto po nilang e settle yung kanilang estado kac meron n po clang mga anak ng friend ko may posibilidad po bang makasal p ung friend ko sa kalive in niya ? Kung meron po ano po ang mga dapat gawin nila para maging legal sila? Mga magkano po ang estimate processing charges for that. Thank you po at sana matulungan niyo po ang friend ko.
A pleasant day to you Atty. My daughter is now 8 months, her father works in a call center. He’s a Team Manager there. He gives financial support to our daughter, but sometimes he don’t and complain of not having enough money. Just for me to know that he goes out of the country, but expensive alcoholic beverages, I don’t mind at all, I just want to make sure that there is enough for our child. He have 4 kids, my is the fourth, all different moms. He also give support with his first kid, the second and third are in the states, and he do not give support at all. I need an advise with this, I want to file a complaint against him so the court will be the one to ask an ample amount of support for my child, I’m tired of asking for the child support everyday and get nothing.
Gud day, I’m confident enough to share and take advice for what i suffered in my entire life. I’m with a relation of a single seaman ofw since 2008 and in 2011 we I got pregnant a baby girl. He insisted that he’s willing to support me. then, he got relation in other woman but he failed to sustain my daughter and im the one who support my daughter as a single mom. But last year 2015 before he leave her in the philippines he promised me again that he will give support and he did 8,000 a month and that’s what we called as my daughter’s allotte. Sad to say this month he cut it off even his contract is not yet over,he started to support last december 2015 to february 2016. But I’m fully destructed in myself because last august 2015 we have a secret intercourse which turn to my pregnancy. and now im 7months pregnant with complication and hes not even concern with it.
please give me an advice with this very complicated problem i’ve encountered.
thank you and god bless..
please help me what to do.
Hi sir
My wife was working in other countries for 2years and I am a taxi operator My wife send 2,000 to 3,000 pesos a month for my daughter and her reason for the small amount of money because she need to pay for rent and visa because she is working illegally in other country she use student visa inorder for her to work abroad. And i want legally to have the full rights of my son. What is the best legal solutions for my case
Thank you