Legal Support for the Child and R.A. 9262

Through all the family cases that we’ve handled, we’ve 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’s easily understandable that custody is one of the more contested issues. However, the issue on child support should not be as complicated.

Well, it shouldn’t 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, thus: (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’re 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”.

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.

742 thoughts on “Legal Support for the Child and R.A. 9262

  1. Josephine

    Hi! I need some advice. My husband is a policeman. He abandoned us. He dont want us to be together. Pwede ko ba siyang ipatanggal sa serbisyo nya? Can I ask also that his salary should be send to me directly?

    Reply
  2. Jeann

    Sir. I have kids a twin boys. He left us when i was still pregnant . When I gave birth i ask a support from him but his mother insist that he will support if he had a work already. All I know is that he had a work already. His family keep him from us by telling a lie about his whereabouts now. The kids are already 1 and 4 years old already. All I want is support only for the twins. Can i demand a support from him. He doesnt have a wife yet..

    Reply
  3. jezz

    GOOD DAY,

    CALL ME JEZZ AT LEGAL AGE LIVING IN THE PHILIPPINE, MERON PO AKONG 4 NA ANAK AT KASAMA NAMIN SA BAHAY UNG PAPA NILA, FOR PAST 11 YEARS OF LIVING TOGETHER, ALMOST 9 – 10 YEARS DUN AKO NAGSUSUPORRT SA FAMILY NMIN DAHIL MAY STEADY JOB AKO AT SAPAT NA SAHOD. ANG ASAWA KO NAG ABROAD AT NAUWI DIN AGAD DAHIL DELIKDO BUHAY SA IBANG BANSA, NAUN NGKAWORK CXA DITO SA PILIPINAS SA ISANG FAST FOOD CHAIN PERO ANG SUPPORT NA BINIBIGAY NYAH FINANCIALLY SA BAHAY ANG STOCK SA REF LANG. DEN SHARE PA KAMI NG PAGBABAYAD NG BILLS UNG SA SCHOOLING NG MGA BATA MINSAN LANG DIN CXA MAKAPAGBIGAY SI DALANG NG PATAK NG SNOW SA PILIPINAS., NGRESIGN CXA SA NASABING FAST FOOD KASI MABABBA UNG SAHOD AT HINDI NYAH MASUSTAIN UNG FAMILY NEEDS NMIN. NAUN NASA ISANG KILALANG COMPANY CXA NG CASH SOLUTION SA PILIPINAS BUT STILL NAFEFEEL KO HINDI PA DIN SAPAT UNG BINIBIGAY NYAH SA FINANCIAL SUPPORT DAHIL INIISIP NYAH NA NAGWOWORK NAMAN AKO AT KAYA KO SUPORTAHAN MGA BATA. AASK KO LANG PO SANA KUNG ANU UNG RIGHTS KO AT NG MGA KIDS SA PAPA NILA. KASI HINDI PO AKO NASASAPATAN SA BIBIBIGAY NA STOCK SA REF AT SA PAGBABAYAD LANG NG BILLS.
    SALAMAT PO NG MADAMI

    Reply
  4. Josephine

    Good day po,
    I need some help. Nagpakasal po kami ng asawa ko noong April 4, 2016 at 8 yrs old na po ang anak namin noon. This December ko lang po nalaman na may nabuntis pala siya at 6 months na noong time na kinasal kami. After po ng kasal namin, kasi nasa bulacan siya at kami ng anak ko ay naiwan sa leyte, ay nagsasama pa pala sila ng babae nya. Apelyido din ng asawa ko ang dala ng anak nila. Naabutan ko pa po ang mga gamit ng babae at anak nya doon sa bahay na inuupahan ng asawa ko. Ngayon, sabi nya hiwalay na daw cla pero nakikipaghiwalay din siya sa akin. Ang laki po ng sahod ng pulis pero 6k lang po pinapadala nya sa amin, minsan pa 3k lang. Pwede ko ba siyang kasuhan at ipatanggal sa serbisyo bilang pulis? Or kung magdemand po ako ng financial support, saan po ba ako pwedeng lumapit? Ilang percent po ba ba talaga ang makukuha ng legal family sa salary nya? Please help po. Walang wala po talaga kami. Salamat po.

    Reply
  5. Arni

    Hi atty..
    Ngkahiwalay po kmi ng live in partner ko 2yrs n po..my anak po kmi isa he is 5yrs old now…sa loob po ng 2yrs n pgssma nmin..ako po lht..pero nung ngkahiwly po kmi..sa loob po ng 2urs d po cia ngbbgy ng support sa anak nmin…dhl dhln nia po ala po ciang work…pingbgyn ko po cia atty…pro ngaung pong 2018 ngkawork n po cia…ngusap kmi nung june n mgbgy po cia support 4k monthly sa anak nmn..ngstart cia ngbigy po sept 10 2018..gng october..ung nov..ngng 3k nlng po..kesyo dmi daw po nia utang..pingbgyn ko po..nung dec.nkakuha po cia 13month pero 3k po bngy jia sa anak…never nia po bnli dmit or toys…ngaun po ung mga pgbbgy nia pong un..need p po cia itx…ichat..kung kyln..pede ko po bng idaan sa legal ung pgbbgy nia..pra kcng lumlbs ngaun atty.n pinipilit ko po coa mgbgy…sa loob ng 1yr cgro kong dlwin po jia anak nia 4times…sa bhy…d ko po cia bnbwalan mgpunta sa house or hirmin nia..pro cnsbi nia na.bat daw po cia mgbbgy d nmn daw po nia makuha sa poder ko…panu ko nmn po pattglin sa poder nia..ala dn po cia dun..isa pa po pg umuuwi po cia 2x sa isang buwan…ktbi nia pinsan nia n babae sa kwarto hindi po anak nia…sabay cla mgbhs ng pinsan nia at sa isang kwarto nttulog iisang kumot…2nd cousin po cla…d po b panget pra sa bata ang gnung views atty.?help po atty..if saan po ako pede lumapit for legally support po

    Reply
  6. marianne

    hi. im a single mother, with 2 children. the father has left and have not supported my children all these years. he claims to be unemployed but then i found out he has kids with other women and they are all well provided. my children are now 18 and 17. and i am struggling to make ends meet specially with their education. can i seek for child support even for education for college?

    Reply
  7. Faith

    Good,day I’m a daughter of chief engr.im illegitimate but he acknowledge me as a daughter,I’m so pity with my mom I’m 1 years old when they get separated for almost nine years she even bother to help my mom…so when I see my grandparents have problem with my financial aspects I ask my mom maybe I should find my dad to help us in financial matters …then I see my father in the agency and he gave me 10000 every month for my allowance but in my school ,service tuitor,and every day allowance the 10000 is almost even ..and my mom gave also share for the expenses…my father think that 10000 is enough I want to help my mom…so I’m asking this question is it true that when he on vacation the allowance cut…?I always chat or message him regarding this matter asking help but he never reply and even bother what I’m going thru ,I’m pity to my mother and my grandparents …that why is it that they the one who will do my father’s obligations..why children cannot choose the father they want to be ?I’m only 11 years old but I will study harder and to be able to help my mother and grandparents…hope you will reply to this sorry for the wrong grammar coz I’m at the school and rush to write this coz in the house no internet connection …

    Reply
  8. Aki

    What if the kid lives with the father who is now married. Can he still demand for child support from the kid’s biological mother?

    Reply
  9. jesamel

    hi , I just want to ask if I can file a case to the father of my child, we never get married but he sign in my Childs birth certificate.. after 1 month when I gave birth to my child we don’t have any communication even he is just near our place.. since then ,. almost years now he didn’t give any support for my child. Now Im married and I want to bring my child to other country and my husband wants to adopt my daughter.He doesn’t want to sign a consent affidavit to allow my child to go with me. He is not there for 8 years.. Can I file a case Abandonment or absentee? he have a partner and 2 kids now without work.
    hope you can Help me.

    Reply
  10. mae

    Gudpm..my husband is currently supporting his kid almost 50% of his salary and we already have 2 kids too..i have recently learned that the girl got pregnant..is there any changes or legalities sa child support when in fact pregnant na naman ang babae..thank you very much and more power

    Reply
  11. rhea

    good day po..mag aask lang po nang advice kung anu po ung steps to follow sa pag file po nang case sa barangay po ba muna or pwedeng sa womens desk sa police station..hindi po kasi nagbibigay nang sapat na sustento ung dati kong asawa..bale..gatas ..diaper at sahod sa katapusan nang nagaalaga lang ibinibigay nia..dalawa po ang anak namin..ung panganay po nagaaral na po..ung bunso..un po ung naggagatas pala..kulang na kulang po ung support na binibigay nia knowing na ung bunso lang tlga ang nbibigyan nia ung need..ung panganay for 3 years..wala po syang naibigay….sales executive po sya nang sasakyan..may kabit din po sya at meron silang isang anak..tapos may anak pa po sya sa ex gf nia bago kami kinasal..

    Reply
  12. Aubrey

    After i found out about my husband’s infidelity, he left us without informing his whereabouts. Even his family is denying about his whereabouts. He left us October of 2014 and didnt even bother to support even our only daughter. I didnt mind about it initially because i was working. Now i am jobless and still no knowledge of his whereabouts.

    Is it abandonment?
    Can i still claim for support even if its 4 years that i did not file for any?

    Reply
  13. Jonalyn

    Hi attorney,
    Good day. I have a question po. Can i file case or something for my child to have a financial support from his father?

    Reply
  14. miraflor

    question:
    do i have the right to ask my husband for his financial support on previous years that he failed to do so? we are on going preceding please help me so that i have an idea. thank you..

    Reply

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