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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sana po turoan ninyo ako at san me pupunta para po maka pag appy
Hello
Can you help me on this please? Because I’m so tired of my narcissistic mom whom I think violated her marriage with my father. And also violated me for hurting several times since I was a kid up until now that I’m pregnant.She had two sons with different man while still wed to my father. Until my father died she continued to be so manipulative and emotionally abusing me and my sister. My sister turned saying bad words so frequent. She always defends our half brothers and says we are the cause why she couldn’t give richly life to them and that she should’ve killed me and my sister a long time ago. What should I do?
Hi I don’t know how I can get advice in this forum; I am a mother of two kids age 12 and 3. I and my husband got separated last year. He was a Filipino and now British citizenship by naturalisation and living in Scotland. I live in Scotland as well with the settlement visa. My problem is how to get a regular financial support for the kids from him. We have a housing loan in the Philippines which I am paying this alone and I sending money back home as well for the two kids and their education my stranged husband just payed the tuition fee of my older son. And milk once a month for my younger.. It’s so exhausted for me to work and work and at the end of the month still negative because I payed to much tax as well.. I’ve already asked legal advice here in Scotland they can’t help me because the kids law in the Philippines Ang gagamitin para makakuha ng suportA Ang mga anak ko sa kanya even he is a British.. Please advice me what to do. Thank you …
My husband is in Las Vegas living with a Filipina for five years now. They are both out of status-TNT but still working under the table. He is not giving financial support for my 3 kids , not even calling us to know the needs. He is sending my kids tuition fee only through other person paying it directly in school.Is that considered support? What i want to know is how could i seek my freedom considering that he is not supporting me and my kids anymore for more than five years now? i don’t have enough money to file an annulment.. where can i seek assistance ?please help me.
gud pm, if the father financially supported his/her child for two year and failed to support for almost one year (12 consecutive months) can we considered non-support or insifficient support
Hi. May i ask what is the procedure for filing child support against a husband who just send support when and if he wishes to? He is working in malaysia.
Good day atty,pwedi po ba ako mag demand kung mag kano dapat ang e bigay na supporta galing sa ama ng anak ko?my business kasi siya pero halos hindi sya nagbibigay sa anak ko.Pwedi ko po syang sampahan ng kaso at ano po ba ito?
To whom it may concern:
I am a mother of a 10 months old child and his father havent signed the birth certificate of my child coz he was not there when my child was born. can i file for his support to my child? i have a job but i could afford to have it alone because i am still supporting my brothers in their studies.
Hi!
I am Meriam, 29 years old. May dalawang anak.
Gusto ko lang po sana humingi ng advice. A no po gagawin ko sa tatay ng mga anak ko na nagpunta ng Mayniila.. nakokontak ko naman po sya kaya lang hindi po sya nagrereply, sumasagot sa tawag namin. Hindi po sya nagpapadala ng sustento.
naghiwalay po kami 2011 umabot na kami sa barangay..hindi talaga sya nagsusustento. nagsusustento lang sya pag nakikipagkita ako sa kanya.
2013 ngkabalikan kami. pero ganon parin sya. wala akong trabaho kasi ayaw nya magtrabaho ako. 2015 nghiwalay kami.
iresponsable talaga sya.
ano o ba pwede ko gawin sa kanya? wala kasi ako trabaho ngaun.nag aaral pa po ako. please help.
gud day sir!
I am a single mother, my husband is having a relationship with other woman, i saw some pictures of them inside the hotel, out of town because he left his USB on our house. and now shes not coming home i don’t know where he exactly live by now,can you help me with this matter and what case should i file with thw woman and to my husband.
need a response,thank you!