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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Hello,
Good Day,
Would like to seek an advice on my problem, apparently my legal wife is seeing someone now, however we have a child who is turning 5 this year, I am working overseas and never failed to give them support, just in this case she just get all the money I have sent to them for my kids enrollment, how can I summon my wife or any legal things I would be able to do to get my son? She is not working and no means to support herself not even my son. She got lots of tantrums and as a result, my son got to recieve all those physical abuse.
Hi there.. I am a legal wife of a seaman and he is just sending me 15k a month,, we have 2 kids,, twins,, they are 6 years old,, I cannot send them into a good school because of the remmitance that I received.. Me and my husband is not communicating anymore,, sometimes,, when he is in the Phils., he’s not sending us the 15k as he promised.. What should I do? Do I have the rights to ask for more than 15k per month so that I can give all the needs of our children.. Thanks a lot! More powers!
I have a friend, she got pregnant and as soon as the father knows about the pregnancy he refused to acknowledge the child.
Is there any legal action or what legal action the mother can do to force the father to support the child? They are not married. Is the mother has the right or basis to file a case against the father?
Good day atty.
I am separated with my husband for 7 years. Feb 2010 when we got separated, he had an affair with another woman and had 2 children. He totally abandon us for 4 years. When he got separated with his mistress by year 2014, he communicated with me via fb. And started to give financial support but no consistent amount. My kids were grade 8 and grade 6 respectively. Now i heard that he was having an affair again with diffrent woman. My question is can i ask a consistent amount for financial support since i am the legal wife. I just want to get what my kids deserve and of my rights as a wife. I also want to make sure that he will consistently give what my kids deserve. How much is the entitled claim for us. Tnx a lot po
Dear PAO,
Good day po. Gusto ko lng po itanong kung mahal po b magpagawa ng court order for child support po., d po kc kasal ng tatay ng mga anak ko, dko nman po kakayanin kung ako po lahat. Pano po ba ang calculation nun halimbawa po. Mga anak po namin is 2yrs old po at 4 months plng ung isa.. Parehas po nag mimilk at diaper pa. Regular po xa s trabaho nya, kasal po xa sa iba, pero my iba p din po xa kinakasama ngaun. Nkatira p din po sya s magulang nya kasama ung isang kinakasama p nya. Sana po ay matulungan nyo ako. Thank u po.
Gumagalang.
Single mother.
HI…. i have a pilipino half taiwaness littleboy born in philippines coming 4 yrs old of july6 2017. the father is a taiwanese and american citizen, we are not married and he never meet the child ever since and he never ask about the child even thou he knows 100% that hes child and i was in taiwan when we find out that im pregnant. he was supporting me until i give birth. now my question how my son can get support and medical support? from taiwan or american embassy? and can i get a american citizen or taiwan citizen for him? i have hes father documents birthcertificate , taiwan passport and etc… plsss i need advice and help what best to do. thanks!
Hello. I’m A single mother with a 15months old daughter. I’m writing here, because just like these people I need financial assistance in nurturing my child and myself. I was working in a BPO Company before but stopped due to my daughter. Was constantly looking for a homebased job but none works for me. I’ve heard that their is some Government Assistance Program for people just like my situation. Can’t work since I don’t have someone to take care of my child so I’m forced to stay at home and have flexible working hours but most companies don’t allow.
Good day Atty.
4 months pa lang ako buntis ng nag hiwalay kami ng tatay ng anak ko. After nag 1 year old ni baby nakikipag ayos sya sakin. Sa loob ng apat n buwan nag bigay sya ng gatas. Hanggang sa nawala na ulit. Alam sa kumpanyang pinapasukan nya na me anak sya sakin at ang akala nila ay nagsusustento sya simula pa umpisa. May habol po ba kami sa sustento? Thank you.
My ex live-in partner is in Germany. pinoy din sya. doon ko pinanganak ang son ko. pero nagkaproblem ang visa ang anak ko nung magbakasyon kami sa pinas. hindi makabalik ang anak ko kaya naiwan kami sa pinas. natigil ang sustento ng ex ko dahil nabuntis nya ang kabit nya doon. may habol ba ako sa support kahit papano para sa anak ko kahit hindi kami kasal? gusto ko magfile ng case for child support para sa anak ko. pwede po ba yun kahit nasa germany sya or need ko mag file ng case sa german government mismo??
hi there,
i just want to onow what will be the next action i can do,i have 3 kids age 9,4,1. im working to support my kids and family my husband and i have a verbal agreement that he will support our kids since he choose to live with his mistress for the past 2 years he ia on nd off on his work its either he will terminated or resign.as of the moment where in the situation that he ia not sending any support right now for almost 2 months and i teally wanted to give him an ultimatum so he will be reaponsible enough for the support of the kids.please help me.