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 evening
I am a single mom of a 6 month old baby. the father of my baby earned 28k every month as an it specialist however his financial support its just on and off and give me 1,500 in a whole month and its not enough to support my baby. and he threatened me that he will resign to his job for me not to file a case. Is there anyway that I can file a case to make sure his support will be mandated? and he is not visiting our baby for almost 3 months.
Attorney,
Gusto ko poh magkaroon ng legal rights ang anak ko sa ama nya. Isa poh syang Australian man. May kompanya poh sya dito sa Pilipinas. Hiwalay na poh kami
Kailangan ko lang masiguro na susuportahan nya talaga ang bata. Pagod napoh ako sa pangako nya na lagi napapako.
I am single mother , the father of my daughter is Canadian , since 2010 he not gave a support is there’s a possible that I can file a child support from are country to send to his country, I have copy of his passport and license id.
I want to fight the right of my daughter
Hi poh attorney,
Ako poh ay may baby 3 months old plang poh..ang father nya ay australian. Tanong ko lang poh anu poh vah ang rights ng bata sa ama nya? Mgkahiwalay na po kac kami.
Tina
Hello,
I have been separated from my husband for almost 7 years now. I heard that he is now living my ex-cousin-in-law (the cause of our breakup). All those years, he had been avoiding us, changing his numbers, and blocking me. I asked for support several times already until I got tired. Now, I want to pursue this, I mean letting him support our child.
Currently, I don’t know his number. I don’t know his residence. All I know is that he is in Cebu while me and my child in Davao.
What is the first step I should do?
I would appreciate your reply.
Thank you very much.
Atty. I have a question. I’m legally married but me and my husband were separated for 5 years now. (but we’re not annulled) . Prior to our marriage, he has a an illegitimate child from his previous girlfriend. May I know how much support can I get from him, as he is saying that he still has another child to support aside from our daughter. He’s salary is almost 12k a month but my child needs approximately 6k per month from him. Is it possible for me to have that amount as he is saying that he can’t provide that amount. He can only give accordingly 4k a month as he needs to support as well his other child and his parents. We’re both working by the way. Can I file a case against him if my demand can’t be given? Hoping for your answer. Thank you
Atty,
I am a seafarer.i am single yet has an illegitimate child.i am n0t married to her m0ther.the child is now 3years old.i am in pursuit of sending groceries,dress am0unting to 2000php a m0nth.yet her m0ther says its n0t enough and threaten me that she will file a case against me.my income is only 35000 and i still have debts to be paid which i borrowed when i am still applying for work?my plan is to continue my support monthly with 2000php.will i be liable for that if she sue me?hoping to get a resp0nse from u soon.
Thanx u.
James
Good day Atty., I would like to ask about the situation of my child, she is now 11 yes. Old, and her father is a policeman. Her father didn’t support her since she was born, Only from time to time.he didn’t sign on her birth certificate and baptismal..but we are open to his family, sometimes we even slept in their house..but before she turns 2, her father got married and got 3 more children, he gaves money for my daughter 3 times a year, and it’s just a little for her needs..and now that she’s on the 7th grade, he told us that he will provide for her schooling, he even told us where school he wants for my child.but things went different when my daughter finishes salutatorian, just because she’s a scholar, we agreed that instead of the tuition fee, he will split it for her monthly allowance. But until now he didn’t keep his words, I am so tired for my daughter, begging for his attention and support..I want to know if what actions should I do, I also have a live-in partner now and 2 more children..I want to file for Child support, what should I do, he didn’t sign on our daughter’s birth certificate..I am hoping for your reply..thank you very much for your time…god bless! 🙂
Hi Hannah … It’s the same case with my wife . She also has a son and during her pregnancy and hospitalization he also didn’t sign the birth certificate, it’s left blank so there’s no fathers name indicated there. However we’re also trying to file for child support so he can provide his son for the past 18 years back pay. We were advised since there is no name we would have to get a DNA from the Father if he’s willing to cooperate, in this case it’s impossible. I hope you know where i’m getting at. Something like this is tough with no name on the Certification. Just saying God Bless and Good Luck To ya
Hello Sirs and Maam’s
I’m an American vacationing in the Philippines, story short, got married had a blessed child, been here for 5 years now, totally forgot about the outside world in the States, now I’m planning to go back to the States and Petition my wife and step-son that is 18 years old. So my question is can I Petition my wife and step-son if i owe child support in the states ? My passport is expired can’t get a new one because of it. I can get a Emergency Passport for two weeks to fly back to take care of Child Support. However, can I petition my wife with no problems ? or issues ? Thanks Team
Good day Atty,
Ako po e me 8 mos. na apo na at syay nakatira sa kanyang ina dahil hindi sila kasal ng aking anak na lalaki. Sila poy ngkaroon ng di pagkakaunawaan at ngayun ay hiwalay. Kami po ay nagbbigay ng suporta para sa apo ngunit ayw tanggapin ng ina . Ano po ang dapat naming gawin upang maibigay namin ang suporta sa bata,ang aming apo. Meron bang batas na nagbabawal sa pagtanggap ng child support???.
Salamat po.
Ferdinand
Atty ,
I am still married to a marine engineer who now holds the position of a 3rd engineer in the agency he is working. We have 3 kids. I don’t know if he has another family or what. He started to reduced our allotment when he left us.not exceeding to 20 thousand if on board and 10-15 thousand while on vacation.all I wanted is for him to increase our allotment up to 50 thousand.but he gets angry and threatens us if I’m going to complain in his office he won’t send us anything.I’m tired of understanding.everytime my children get sick for him nothing happens even if I let him know. I want to know if I can file a complain against him for giving insufficient support.hoping for your reply.thank you.
Jaisy