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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Gud day sir/mam
I’m asking for your help, regarding legal support for my child, I met a foreign guy and I got pregnant ,he is a German guy living in Austria ,the guy Have own family and I don’t want to ruin his family he had, but he had a child on me and I want to ask support for my child on him, Since pinagbubuntis hanggang ipinanagank ko ung anak Nya Hindi na po sya nakipagcommunicate sa akin, I tried ask help direct from him but he ignored it
Please help me nman po about this matter !!!! Reply back
Thank you po….
good day!
I would like to ask legal advice on how we can apply for child support for my niece. my sister got pregnant but before the child was born she and the guy broke up.the child will be 1 yr old this nov. the father is a regular employee on a electic company in their city..when we tried to talk to him about financial support to the child ,hes not replyinh to us..so i really want it to do it legally because mu sister is still a student ,no job and only depends from my parents and from me…please help..
thank u
Good day atty; nais ko po lamang humingi sa inyo ng payo tungkol sa anak ko sa labas. Almost 4 years old na po ung bata. Isa po akong seaman at ung nanay po ng anak ko sa labas ako isa Rin seawoman. Pariho po kmi may trabaho karapatan ko po ba na hinde mag bigay sa anak ko sa labas pag akoy nasa bakasyon at walang income..at mag kno po ang dapat na ibibigay ko sa anak labas..salamat po..aasahan ko po ang inyong sagot..
hi attorney, i would like to ask if there’s a way that we can track my husband’s salary thru his monthly or yearly BIR ITR and be able to demand at least 50-70% of his salary as financial suport to our child? He refused to tell us about his employment and salary and even claimed that he’s not working though in reality he is working at a certain school but I don’t know the name of the school. Would there be a possibility that I can have the financial suport automatically deducted from his salary? and know his current salary and employment by retrieving the records of his ITR fromBIR? please help me…help us
A friend of mine was ousted by her husband from their home.eventually,they forged a memorandum of agreement where the husband who is a government employee agreed and consented for his employer to effect an automatic deduction of a portion of his salary in favor of the wife as spousal and child support.however,after executing the moa,the husband now refuses to comply.is the moa sufficient to have the employer automatically deduct from the husband’s salary?thank ypu
good day atty,
gusto ko lang po malaman kong pede po ako makakuha mula sa nanay ng live in partner ko ng sustento kahit po para sa bata lang nakatira po kasi sa abroad nanay ng live in partner ko. binibigyan niya po kami monthly ng budget wala po kasi trabaho asawa ko extra extra lang po sa construction. may isa po kaming anak 1 taon palang po siya gusto ko po kasi makipaghiwalay na sa asawa ko kasi palagi po kami nag aaway nagkakasakitan na rin po kami. pero ayaw po nila bigyan ng sustento yung bata kahit po sana para sa bata lang.
Gud day!
I just want some advice. I have 1year old baby boy and his father left us already and refuse to give financial support and deny that he was a father. I want to ask him for a financial support for my son what should I’m going to do so his father will support our son.
He is an Indian I met him when I was working in UAE. Can I demand to him without dragging our situation to the court? Besides I don’t have enough money to file a case against the father of my son. He refuse to talk to me too.
Thanks
Jona
hello sir,
my wife and i seperated 6 months ago we have a 3 year old daughter. i work as a seafarer and she is in my allotment i send her $350 every month and now she is asking for $500. As she have her own job I dont think it is necesarry to increase the allotment and I honestly cannot afford it. She is now threatening me that she will file a legal case on me. can she do that? as im still giving her child support.
thanks
Good day Atty!
I am planning to file a case against the father of my child since he is denying that the child is his. When I was on my first trimester, we had an agreement that he will support his child but now, he is not responding to any of my messages. I couldn’t reach him anymore. What are the requirements needed too file a case?
Thank you!
Atty., umalis yung wife ko lang kasama yung 2 anak ko.Umalis lang siya ng wala lang. nagtanong siya sa woman’s desk and i need to pay 75% of all my salary. naiisip ko lang, paano naman po ako mabububay?kakaalis niya lang and hindi ko naman siya pinapaalis.wala lang pasabi.ano po bang rights ko?and tama po ba yung 75% ng buong sweldo ko?magtatrabaho lang po ako para sa kanila?