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, i am a single parent and the dad of my kid is not giving regular financial support for his child. The father is in philippines and i am in HK. All i want is that the school obligations be shouldered by him, but that is not happening. Know that he has other women, he is denying that he has a son with me and he dont want to give support for his child. In the birth certificate of my son has an acknoledgement by his father. 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 appreaciated
Hi, Atty,
I need your advice so bad, I am married, i get married last Dec. 2014. Before I get married, I knew that my husband has two daugthers which is now 6 and 7 years old. Then d first month of being in married life I found out that my husband has another daughter and son in d other girl, he hide it from me. And d woman said that they dont have a formal break up and she doesnt know that the father of her children got married.
Now, He got a problem of how much he have to give for his both iligetemate children from both side.
For example his salary in every 15 days is 3,500 or 4,000 pesos only, how much he is going to give to his two children to the first iligetemate and secnd iligetemate child?
Further question Atty, I know i have the right to annol our merraige because my husband lied to me. What are the steeps that I have to do? pls email me.
Hi atty,
I just wanna ask po if i can file a case (VAWC) against my ex live in partner for abandoning me while im still pregnant? Im currently 6mos pregnant po. Before po kami maghiwalay, that was just on January, nagdadala na po siya ng ibang girl sa bahay namin habang wala ako. Nung huli pa po, nagpunta ung girl sa bahay namin habang andun ako tapos ung ex ko po sumama na sa kanya.. Iniwanan niya po akong walang wala Kasi that time pinatigil niya po ako sa work.
Please reply. Your advices will be very much appreciated. Thanks po.
-Lei
Good Evening Sir,
Gusto ko po sanang humingi ng advice..im 3 months pregnant now and my boyfriend doesn’t show any care or interest on our baby..mas may time pa po siya sa mga luho at mkikipagdatd sa iba. puro pangako lng po siya wala naman pong ginagawa..ano po ba ang dapat kong gawin sana matulungan ninyo ako..maraming salamat po..
Gud day poh… i have a son n my husband abandon us as like nothing.. its almost 2years his not supporting us. Or even just his son.. his a army working/assign at pagadian city.. what can I file case n where can I file for it…
Thank you
Hi
I would like to inquire if I my daughter has a right of financial support to his father who is currently working in Canada. The father of my child and I were not married. When we learned that i was pregnant (April 2009) he does not want me to pursue my pregnancy, he resigned from the company we were working (July2009) and that was the last time i saw him. When I gave birth (Jan 2010) I learned that he was already in Singapore. Heard nothing from him despite I went to his family and left my contact with them. Only last Jan 2014 he suddenly started to have communication with me and promise that he will support our daughter. June 2014 he transferred to Canada already. He was able to send money almost 50k from April 2014-February 2015 which i used for my daughter’s tuition fee but after February 2015 i no longer hear from him until now. I dont have any idea if he is still on a working visa o already with immigrant visa in Canada. Is there a way and right to demand a support for our daughter?
Hi
I had a boyfriend and we seperated xoz i found he ha another family. Unfortunately he got me pregnant and doesnt want to give support to my child. Im 100% sure that he is the father but when his wife knew he denied it. Can I file a case for this kind of intance.?
Thanks,
KC
i have a 3 yr old son . my ex bf left me after 4 onths of pregnancy to my child . he doesnt claim my son as his child and did not sign the birth certificate of my son his name was not also included what shall i do he is not providing any help for the necessity of child . from my pregnancy til now he is not giving support to my child . i tried to ask him many times but he keep on ignoring me . he even block me and my son on fb so we cant track him . noe i found out that he has a partner they also had a baby about 1yr old and he is supporting the child .. what action do i need to do
Hi.Atty.
I just want to ask if I can demand for the farher of my son I am now pregnant 8mons. And were not married I want to seek financial assistance for my son ..what will be the necessary moves can I do to .. Plz help me..thank u
Hi Atty,
I wrote to ask a legal advise. I am married to a seaman almost 5 years ago and we have a child whose almost 2 years of age now. He left us when i was still pregnant with my daughter but he is supporting us 13K a month until the 5th month of my pregnancy. Then he stopped on the 6th months until I gave birth. He finished his contract Nov 2014 and out boarded a ship until October 2015. He showed up to us twice from December 2015 until April 2015 and given me only 2K last April 2015. From then on he had never give anything until I decided to sought out an advice from a lawyer and the law office sent him a letter of demand. He complied, and now he is giving 5K a month. However never had signed the compromise letter I sent him therefore there is no legal paper that may attest his support. It’s was just his own will and if in case he refuses to give I know I can’t get hold of it because there is no paper work. I know he is earning more and he can give more out of what is he giving today. Is there any percentage that I can demand from my husband? By the way another thing is, he is declaring a single status out of all his public documents. I even found out that he is declaring single in POEA every time he process his papers for working abroad. What could be the best action to do with regards to this?