Legal Support for the Child and R.A. 9262

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.

Legal Support for Children and Republic Act 9262

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.

Atty.Fred

762 thoughts on “Legal Support for the Child and R.A. 9262

  1. Loving Father

    Hello,

    I’m still deciding if I should file an abandonment case against my wife who’s in qatar. She doesn’t send any money for the kids. I’m paying for everything. Then she’s also planning to try to take the kids from me. She always threatens to file a concubine case against me because I have some a woman or two. But I also caught her with her boyfriend also. So both of us are guilty of that.

    My case is, she applied abroad, and got accepted after she got a plain ticket, that’s when she told me. Even though I told her not to go abroad because the kids need a mother. She prioritizes her career more than the kids. After she came back to visit, she took all her clothes out of the house we live with the kids and moved to her mom’s house. So she left the kids to go abroad and also left the house where the kids live.

    After that she keeps threatening me to let the kids stay at her mom’s house, because they plan to let the kids live in the mom’s house so the mom can keep asking for money from her, and from me. She basically blackmailed me to sign an agreement to let the kids stay at her mom’s house for half the week. She said if I don’t sign it she’ll file a concubine case. But I learned that I actually have full custody of the kids as long as she’s abroad, and I have the right to file abandonment because she doesn’t provide financial support for the kids.

    I can either wait for her to go here, and try to take my kids from me which we spend every day together. two boys, a 6 year old and a 2 year old.

    OR I can file an abandonment case, and get full custody now while she’s working abroad, but I’ll be fair to let her spend time with the kids as long as she’s here. I’m always fair about that. I just don’t want the time to come when she’s abroad and I never see my kids, so they never see their mom or dad. Because of her.

    My thing is I want whats best for the kids, which is I give them everything, and I’m here for them physically. She just wants revenge, because of her friends advice to get back at me for cheating. Her revenge includes making the kids suffer by not letting have a mom, or dad around. Even if she’s here she’ll be partying with her friends. She had two weeks vacation here and spent less than a week with the kids. Too busy with her friends even if she’s here.

    Reply
  2. marife

    fhe
    june 11, 2016

    hello magtatanong lng poh ako kung pwdi ko makhinge ng sustento para sa anak ko mag 3 yrs old na siya ds year hndi kmi kasal pero may signature sya sa livebrth ng anak namin siya ay isang security guard sa kasalukuyan.hiniwalayan niya ako year 2013 dahil yung nambabae siya at yun na ang kinakasama niya ngayon. tnx po
    antay poh ako sa sagot.god bless.

    Reply
  3. Pamela

    Hi .kasal po kmi ng asawa ko at my isang anak kmi.isa po xa seaman pro hnd man lng xa nag susuporta sa anak nmin.me kusing po wla.pede ko po ba xa i pa ban sa poae?

    Reply
  4. jhonny

    hello attorney im jhonny im separated 4 years ago and we have 2 child before we separated. because my wife have third party . and now my wif demand me ah money 75 percent of my whole income for suffort of my two child . what wil i do . is she have the rights to fle the case?
    when the first place my wife is the main reason why we got separated,,. if i will sffort my kids how much will i give im ofw.

    Reply
  5. David

    Hi good day to you. I am a foreigner and trying to help a friend. She is pregnant with an illegitimate child. The father has agreed to help support if he gets a job!!!! He is supposedly looking for a job as a fork lift driver, unlikely in the short term. He is 25 years old and is supported by his parents. He has stopped answering her texts, so we can presume he is going to renege on his promise. How can she take a case against him for failing to provide support? Can his parents be required to contribute? Is his excuse cannot find a job sufficient cause to abandon his responsibilities?
    I hope that you can give some advice on this
    Thank you

    Reply
  6. Diana

    Hi. I’m a single mother and would like to make an inquiry regarding child support. My twin daughters have already been abandoned by their father despite them asking for child support. They are now 14 yrs old and their father refuses to give financial support. What can I do? He is working in a call center and I do not have the funds to avail of a professional lawyer. Please help. Thank you very much.

    Reply
  7. maria lyan

    How about po kung babae ang gagawa tulad hang case ng pamangkin ko young asawa nya nag work sa Saudi and hangar in po nya eh gusto nya matulungan ung asawa nya dhil mahirap any buhay kung isa lang and naghahanap buhay…pinayagan ng pamangkin kung lalaki na mag ibang bansa ung asawa iniwan ung dalawang bata sa kanya may trabaho ung pamangkin ko sang construction worker … 3beses na nakakapagpadala nang karagdagan s pamilya ngunit nang nagtatagal n at Hindi n cya n hohomesick sa abroad Hindi n cya n kakatugun sa napag usapan nilang magasawa lahat nang plano di n ntupad hanggang nabalitaan n lang nang pamangkin ko na iba n pla pinagkakaabalahan nkakilala nang sang lalaki n taga America isang nurse tinutulungan DW nung Lalaki ung magulang nang Babar Kata nagkautang n loob ung asawa nya hanggang s natukso n Kata nalimutan n ung dalawang anak 6 n taon at 2 taon na anak ni kausap wala n Kata napilitan n ung pamangkin ko n ilayo n and loob nang mga bata dahil inamin nang babae n ayaw n nya maayos and kanilang pagsasama ..hanggang ngayon kalat sa Facebook friend nya n iba n ang kanyang minamahal ..piano po Kata kalagayan nang mag aama ano po any kanilang pwedeng gawin ligal po silang kasal walang dahilan para ipagbaliwala ang kanyang pamilya..

    Reply
  8. Farray

    Hi how can I file a case to seek child support for my 4 kids ages 14, 6, 2 & 1? How much will be the right amount for their support. We separated because he is involve with another woman. He is a teacher 1 in depend and a gross salary of 19,250. Thank you. Hoping for your immediate response.

    Reply
  9. rose ann

    hi good day sir.. gusto ko po sana humingi ng advice about sa pag hingi ng suporta para sa 6 months old baby ko.. wala po akong trabaho sa ngayon dahil wala din po ako maiwanan na pwedeng mag alaga sa baby ko. nasa saudi na po ngayon yung father nya at huli kong message sa kanya na pinadaan ko pa sa common friend namin dahil hindi ko sya makita sa fb at wala din akong contact sa kanya sabi ko na pag usapan namin yung tungkol sa anak namin pero ang sagot nya sakin ay hindi pa sya ready kausapin ako..ano po ba ang dapat kong gawin para po makahingi ng suporta para sa anak namin..maraming salamat po

    Reply
  10. marjorie

    hi im a 22 yrs old woman, and im planning to have a agreement to may soon partner regarding the legal process of support for may soon child. im not yet pregnant, but im just a planned person, i dont like having an argument in who will be responsible for everything for our soon child. do you have a contract or agreement for this kind of thing?

    Reply

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