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 afternoon po sir, gusto q lng po itanong kung mgkano po ba tlga dpt ibgay na suporta ng isang ama sa mga anak .. Katulad ko po 2 anak ko Hindi po km kasal . salamat po
Atty good day ,ang asawa ko po ay isang ofw na sa sea base po siya 6 months na po siya hindi nagsusustento sa 2 ko anak pinagbibintangan po niya kase ako nanlalaki daw po ako kaya nagalit po siya sakin pati po sustento sa mga anak ko dinamay niya nagbigay lang po ang kanya kapatid ng diaper at gatas sa bunso namin at konti baon na tinapay sa akin panganay pero wala pera sinusuporta sa akin mga anak anf kapatid po niya ang me hawak ng lahat na pinapadala ng kanya kaptid ano po maganda gawin atty?
Good day! I am a single mther of 3 years old girl. Me and the father of my daughter are now separated and no longer have communications,I don’t know we’re he is working right now either. My daughter is using his family name,but until now he refuses to give a financial support of my child. I really need financially support for my daughter because she is a special child (cerebral palsy).
My question is:
1. How can I get a financial support for my daughter?
2. If I file a case against him, what case and how much it cost?
Please help me and give advise how should I start.
Hi.
I would just like to know the process of filing for child support for an illegitimate child.
Ex-boyfriend now has his own business which is doing pretty well, but only gives our child 50% of school expenses (roughly 30k as his share). No other support is given as to clothing, food, etc. I know this is not enough since I shoulder the other half of the tuition fee and all other expenses.
Thanks.
I have 2 kids of 7 and 3 years of age. Their father abandoned us for another girl and left me with all the responsibilities while he was living with his girlfriend and living a single life. I got so relieved reading this post, there should really be a law for this unfair treatment to single moms out there regardles of their stories. These irresponsible human beings should be obliged to support their children or go to jail. In that way, they’ll get their selves together and remember they have kids that they MADE and need to feed and live…
I am a working mom and I do have a 2 year old daughter and currently 4 months pregnant with our second child. We are not married as I have found out later that he has a wife already during our relationship just as my daughter was 6 mos old. He is a police officer with higher rank and he is in schooling right now for a higher position again. How can begin the process of filing for child support since my daughter’s surname is not his and there was no acknowledgement from him by papers that he owns the child but we both know the truth that he is the father as he was there with me since day one but as of now we on the rocks in terms of financial assistance from him as he always tells me that he has no money left as he has his own personal financial things to address to. As I have found out he now has another woman as his gf he is dating which I think affects his kind of support to his daughter.
Thank you.
gud am po atty… i want to ask for advised for my case.. i have a 7years old son from american father.. and nung nalaman po naming buntis ako. tinanong ko na po xa kung ano balak nya kung gusto nya bang ituloy ko or may balak ba xa akuin ang bata.. nag agree naman po xa..kaya nung pinanganak ko ang bata apelyido po nya ang ginamit.. hindi po kami kasal.. sabi po nya kakadivorced lang daw po nila nung pilipina wife nya nuon.. 2008 po nagsimula relasyon namin… mula nung pregnancy ko hanggang ngaun nagbibigay po xa ng 10k support monthly.. minsan po pag ndi po nagkakasya ung binibigay nya kasi naka fix na e kalakasan pa ng pagpapagatas ko nun sa bata formula.. pero ayaw po nya magdagdag kasi he is giving too much daw. pero pinalampas ko po un… kung anu po ung binibigay nya un nlng po pinagkakasya ko.. dahil ayaw kong sabihan nya akong manghuhuthot..mula nung nabuntis ako tumigil na po ako sa trabaho.. ok naman po relasyon namin.. paniwalang paniwala ako na ako lang ang mahal nya at ako lng ang babae sa buhay nya.. mahal na mahal ko po xa sa kabila ng age gap namin.. since simula sabi ko na po sa kanya to be honest with me… then nagsimula na ako maghinala kasi 6months xa stay dito sa pinas pero once lng nya kami bisitahin ng anak nya.. may bahay po kasi xa sa bulacan at andito naman kami probinsya ng anak ko.tapos may nabaa akong mga messages sa cp nya at pictures sa fb na may babae nga xang iba.. ang sakit sakit po e.. pero nagpigil ako. evry year tinatanong ko xa kung anu status ko sa buhay nya.. kung may iba n ba xa pero he denied. sabi ako lng daw ang mahal nya.. nagpakatanga n naman ako then this month nalaman ko na may kinakasama xang babae sa bahay nya sa bulakan tapos pinapauwi ung babae sa kanila nung nagbakasyon samin ung tatay ng anak ko. he satayed here for a week then bumalik ulit xa ng bulacan.. pinabalik n nmn nya duon ung babae nya.. ang laking sampal sakin nun..ilang taon na pala nya ako niloloko at pinaniwala.. nung kinumpronta ko xa bout it.. nagsinungaling pa.. ako p ngaun bina baliktad nya na may ibang lalaki.. ako pa ngaun pinapalabas nyang masama.. cinicira ko raw buhay nya.. he said he tried to fulfill his obligation to my son pero hindi pa raw ako nakontento.. ang hinihingi ko lng naman po sakanya ay honesty pero iniiba nya usapan..pinpalabas nya akong mukhang pero at sinungaling.. na ako daw ang may lalaki.. ang sakit sakit po ng ginawa nya sakin.. kung nung nabuntis na ako e cinabi na nyang wag na ako umasa sakanya at bata lng ang mahalaga sakanya e di hindi sana ako umasa sakanya na. nakpag tapos na sana ako ngaun ng pag aaral kahit may anak at may maayos na trabaho na sana ako.. ngaun parang wala xa balak ituloy support ng bata.. may adhd po anak namin hinihingian ko po xa nuon ng para sa medical ng bata pero ndi po xa nagbibigay.. may maayos naman po xang trabaho sa u.s at may house rentals.. ung 10k na binibigay nya pilit ko nlng pinagkakasya.. anu po ba dapat ko gawin? sabi nya magmove on na daw ako.. ganun nlng b un kadali para sakin nagsakripisyo ako ng 8years para maalagaan ng maayos anak nya dahil walang gustong mag alaga o makatagal dahil sa adhd nya..kahit gusto ko magtrabaho.. nahihirapan na po ako emotionally.. uuwi po xa ng pinas sa november.. after all the things na sinabi nya saking masasakit na salita wala na po ako tiwala sa mga sasabihin nya? gusto ko po sana magfile ng case RA9262 pwede po ba un? at panu naman po ung ginawa nya sakin na panloloko at pagpapaasa? that cause to be deprived from other things? am hoping for your advice po… good day…lyn
Hi my name is Raquel P. Compal single parent of 3 children, i give up our relationship when my third child is one month old, i returned back to my parents house and stay with my younger brother for a few months, 2010 December my children and i transfer to our new house and stay until now.
2011 January we have a settlement he signed his promise that he will give 2,000.00 each of our children as his financial support, 4 years pass every time he always delayed their allowance and their is one time he did not give the allowance of our children his reason nothing.
Now 2016 starting January he delayed his support and February he give the allowance of the children but he did not complete the amount, his reason that he replied to me when i confront him thru cellphone he said his first child is not his legal name until now he just give 5,200.00 below for every month.
Now our first child is already grade 7 high school and its hard to me to budget their allowance its expensive and its not enough for them their allowance.
My question is:
1. How much he must give for each of our children support.
2. How to claim their support.
3. Where will i claim their support.
4, What office i may ask.
Please i need a reply.
Thank you.
Atty,
I have an 8 yr old daughter from a swiss father. I would like to know if what instances regarding this newly passed law,can i obligue the father of my child to send support even if my child carries my last name and have not acknowledged paternity.
The father of my child supports my daughter but he threatens me if we dont go with him, he will no longer support our child. He always say that i have nothing to show since he didnt sign and acknowledge our daughter, that theres no evidence whatsoever.
hello po gudmorning po gusto ko po mag apply para sa support ng anak ko sa americano ko na boyfriend na to 4 thousand lang ang padala nag aaral pa ang anak namin sa saintfrancis eh kulang na kulang yun ang gusto po sana na normal na padala para sa anak namin may katunayan naman po me na anak niya may paternity test kami