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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A pleasant day Atty.,
I’m Dyan, a mother of a 3 year old daughter.
Would like to seek for an advice, I recently found out my husband having another woman and they have one kid. I confronted him, asking who was in the picture. Actually the picture includes him, the girl and a boy. he just answered me with “uo, anak na nako!”
I and my husband were married for 8 years, and I just found out this recently that he has a son. I suppose he visit every now and then to that girl with “there child”. I honestly have no clue that my husband can keep that to me for 8 years. All the while I was being chased and fooled by him.
Right now were in still in the same roof with no communication at all however, he doesn’t sleep beside us/ together with our daughter. He usually sleeps in the sala. In which my daughter asks me more often “why papa don’t sleep with us?”. I didn’t tell her yet the story about me and her papa coz I know there will be confusions on here mind if I’ll tell him.
What should I do to gain the support of my husband? I’m planning to leave the house coz I think that’s the best thing to do. Anyway. with or without us in that house he never support us financially.
I have a work and most of the expenses (water/rent/electric/other expenses) he wants to be equally shared between us. For the grocery, I used to spend it from my own pocket. For me being paid 5-6k it’s not enough or rather won’t survive me with all my expenses for the month that’s why I used to “utang” from my friends and comes the pay day, only few remains on my pocket.
Hope to hear from you on these matter.
Thank you.
Good Eve po .
Tnong q lng po sna kung ppde ako mag file ng sapat Na sustento PRA s dlawa Kong anak . ung tatay po nila nsa Qatar . mag 2yrs. Na po kmeng hiwalay . ngbbigay naman po xa monthly kso di po sapat lalo Na po ngaun Na nanakot po xa Na bbwasan padala nya. Di po kame ksal pero naghiwlay po kme dhil s my iba Na po sya girlfriend .
Salamat po s pag sagot.
Dear Atty Fred!
Good day!
My Fil-Am bf faked our marriage, he was once married to a Filipina from Davao and they still have a pending annulment case , in short our marriage is considered null and void. We have 2 sons , a 5 years and a 1 year old. Our relationship now just ended. And he only sends Php20k / monthly as his financial support for the two kids. That amount is not enough for the basic needs of the children especially now that my 5 years old boy will start going to school this year. The father is will turn 60 years old this coming 2018 and might retire from his job in the USA anytime soon. I want him to provide what is fare and what is due to my children. What is the best course of action should I take Atty? Should you have any further questions for clarifications you may email me at henzchris_ong@hotmail.com. Your response will surely help a lot in enlightening me. Thanks in advance and God Bless!
Ching
Hi Im cez. My father is seamam 2nd mate official cya. My father and mother separated more or less 10 years ago pero di pa annuled. Dun kami nkatira sa dad q until may naging babae cya 2 years ago tapos ayaw namin sa babe kasi nahuli namin may kalandian kaso mas pinili niya ang babae at may anak na cla ngayon. 1 year na ung bata. Im 24 years old and i have a sister that is 21 years old. Brother q 18 tapos youngest 15. Ako ang nag aalaga sa kanila since my mother left. Nag susuport naman dad q pero nung nagka girlfriend cya parang ayaw na niya at napipilitan nlng. Tapos wala daw cya pera pero sa girlfriend niya nkabili pa ng sasakyan at ano ano pang gadgets. Ung babae niya kasi ngayon ayaw rin sa amin. Bigla nawala lahat sa amin nung dumating ung babae at tsaka wala pa rin bahay hanggang ngayon 30 years na cya seaman at 200k plus salary niya buwan buwan. At ngayon kahit pang rent lang namin bahay ayaw ibigay kasi daw wala pera pero lagi cla gala ng gala ng kinakasama niya Thanks hope you can answer me.
Hi
i am married with a police officer , year 2013 i had decided to separate with him for reason that i am a battered wife, from that year (2013) i did not ask for any money/support for our child.
Honestly i can raise my child alone but, napapaaisip din ako minsa karapatan din ng anak ko ng support nya…
what shall i do???
Dear Atty.Fred,
Im separated for almost 10 years now. We have 3 children and their father refused to support them from the beginning.Kids ages 5,4 and 2. When we separate and now 14,13 and 11 we just see him twice but we are the one visit him and he has already 2 child from other woman.I raised my kids alone and send them to school without any support from the father. And now maybe its time for me to force him to give support even just for their tuition fees,uniform and other school needs and am the one for the rest.
What should i do ? Please advice me and i really appreciate it.
Thank you Sir
More Power
I am married for 15 years. Me and my husband have 2 kids (both turning 8 &10). We are both employed, my husband decided to separate from us. Since our kids will be with me, how can i ask financial support from him. Dapat po ba hati ang support? Is it not right that the father should give support for his family? I learned of the 60/40 wherein 60% of his salary can be taken from him and the 40% will be his. Please advice po. Thank you very much
Hi Sir im a ofw in kuwait and got pregnant of american guy. Were not married and he refuse to give a support for our baby which is 4months old….i just want to ask were i can ask for help to seek for a legal support for my baby. Thank you and have a good day
Hi Atty. Fred,
My husband filed an annulment back in 2008 and I asked help from a lawyer friend to check its status, a decision has been made,our marriage was annulled Nov. 2015 but I have not received the finality yet. My ex hubby is an Army officer in the AFP with a rank of Lt. Col as of this writing. I filed a non-support case, Class E allotment was granted with an amount of 9500 pesos only for my 2 kids since Nov. 2009 up to the current time no increase was provided even if i have made formal request for it already. What is the best thing to do, my eldest is already in college and my youngest will be in Grade 10 already.
And I have another concern Atty., I heard from a very reliable source that my ex husband has plan of an early retirement. How can my children avail of his retirement benefits if in case he retires.Are they entitled? As to my understanding I am no longer entitled cause we are already annulled, what about my children, what steps shall be done so that they can get what is rightfully theirs.
My kids has been deprived of so many things from their father since the time we separated, so I want them to assert this time around and be given what they rightfully deserve.
Thanks so much for your help, God bless you more and more.!!
Sincerely,
Gracie
Good Evening po hihingi lang po sana ako sa inyo ng payo 6months na po akong buntis ngayon,ung boyfriend ko po parang walang pakialam smen ng anak niya mas inuuna niya pa po ang mga luho niya kaysa sa amin..Nung una po hinayaan ko lang na di nia ko tulungan s mga gastos sa check up at vitamins ko dahil nag aaral pa siya kaso nalaman ko po na umuubos xa ng Php20,000.00 para lang sa pagpapaset up ng motor niya..mas binibigyan niya din po ng oras ung mag outing kesa ang samahan kami ng anak niya mag pacheck up..pinamumuka niya di po saken na mas importante ung isa pa niyang gf kesa sa akin kahit alam niya n may mga responsibilidad po siya sa amin..puro pangako lang di po siya na ihaharap niya s magulang ko ang mama niya pero hanggang ngayon di niya po maiharap puro po siya dahilan.. Ano po bang dapat kong gawin pwede ko po ba siyang sampahan ng kaso kasi po hirap na hirap n ko s sitwasyon ko simula pa lng po ng pag bubuntis ko lagi n lng po akong umiiyak puro stress lang di po inaabot ko sa kanya alam ko po na naapektuhan ung bata s loob ng tiyan ko kaso po wala na ko magawa sobrang hirap po tlga ko sa mga nangyayari..sana po ay matulungan ninyo ako please po..
Godbless
My father is a foreigner… we used to support us but all of a sudden he stopped doing so… now we live here in the Philippines… my mom was forced to work abroad again living me and my sister alone… I want to know if there is anyway to file a complaint about my father even if he is abroad… Dubai to be exact…