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 evening atty,
Im separated for the father of my child who is 6years old, my concerns is my child was left for his father dew to the complicated setuation he was on going for his school. and his father asking me for favor that he want my child to be with him . at first we had no problem about it . but on and on few month later the setuation change . his father didnt allow me to go his house . and every time i visit my child he always have reason and alibi so that i cant bring out my child . first he warn me not to go for his house , so how can i see my child if he dont want me to go there. he want to see my child in my sister house which his nieghbore. the problem is everytime time i see my child . my son always complaining me that mommy i need to go home coz my dad getting mad if i stay longer. something wrong . i plan to settle down at the baranngay for legal custody for my son . Im giving all the favors for him kasi wala siyang kasama . and she had all the time for my sons for his study kasi im working for monday to saturday kaya my time only is sunday. pero ayaw niyang pumayag na ilabas ko ang bata kasama ko sa labas . ano po magandang gagawin para magkaroon ako ng pormal na karapatan sa anak ko? maraming salamat
marie
Hello atty,
Ako po ay isang OFW. Almost 3 years ko nang hindi nakikita anak ko(acknowledge). Yung nanay (hindi kami kasal)ay panay hingi sa akin ng suporta kahit nilayo nya sa akin at sa pamilya ko yung bata.. At dahil po akoy nagtratrabaho sa malayong lugar particularly sa barko, panay skandalo nya sa opisina (thru email at call sa president ng agency) kung hindi ako magbibigay ng suporta or kulang yung suportang binigay ko. Parang pangblackmail yung ginawa nya sa akin atty. At nung sa barko ako,wala akong nagawa kundi ang magbigay.. Tama ba desisyon ko atty? May karapatan ba akong maexempt sa pagbibigay ng suporta dahil hindi nila pinakita sa akin yung bata for almost 3 years? Sana po matulungan nyo ako.. salamat.
Hi Atty, im not married to the father of my 3 chikdren age respectively 23,24,25. th 25th yr old is worjing abroad,the 24 -yr old is still studying in college,and the 23-yr old will be graduating this Mat 2017. can they ask for support from their father who abandoned as 6 yrs ago ang never have given support since then up to the present?
thanks you
from a single Mom
Hi Atty, meron po akong anak s pamilyadong tao.tumigil siya sa pagbibigay ng child support. Paano po ang gagawin ko? Pede po b magdemanda?
Im a illegitimate child of a seaman how can i have my support for daily living? When im not yet stable in my job and my mother cant suport me anymore
Good day Sir.
I would like to know how and where to file a case against my wife who abandoned my daughter and myself? To where I file a complaint first?
Thanks.
Good day sir!
I am a single mother to my one year old son. His father and I separated, I assume, last year. Frankly, I’m not sure when. That is how messed up our situation is. My I ask for an estimate how much his father should give. He’s a doctor and only wants to give 10k/month. That is a bit low since immunisations and medical emergencies almost cover half of it already. I don’t have a job, I am a stay at home mom. I have an online business but that cannot sustain my child’s needs.
Hoping to hear from you, Sir.
Thank you and more power!
hi po..tanong ko lng po…..my anak po ako s pagkadalaga at sa ngayon may asawa n po ako…gusto po ng asawa ko n maisali s knyng mga benebisyo ang anak ko s pagkadalaga… apelyedo ko po s pagkadalaga ang dala ngayon ng anak ko….sa paanong paraan po ba maisali anak ko s pagkadalaga sa benebisyo ng asawa ko at s angayon my dalawa n kaming anak ng asawa ko.
tnx po ,sana matulungan nyo po ako…
maraming salamat po…
Hi
iam Jacqueline chua 33 yo, a legitimate daughter. my parents got annulled last 1997. and my dad has 2 more families. he doesn’t support me anymore. didn’t finished my studies but I would like to seek help from him but he refuse to help me in any ways.
is there a law or what can u please advice me. cause I want to finished my college degree.
Ano po mabuti Kong Gawain sa husband ko n d nagsusupport s lahat ng needs namin pero may pera siya pag para sa bisyo at barkada, nag work po siya s provincial engineering office, may babaeng naghahabol n mabayaran pinalabas n utang pero nagpadala c girl ng pera kase magboyfrend sila ng asawa ko noong NSA abroad si girl, ngayon hinahabol ni girl hanggang sa opisina ang husband ko n bayaran ung pinadala niyang pera.. Anong dapat n I file Kong case against my husband for his infidelity and not supporting my family financially?