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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Im not yet legally separated. with 2 kids but separate custody. By law, what exactly is the division of support towards our children how much should come from me and how much my wife should contribute. both of us has stable job
gud day po atty. ano po bng pede kong gwin kc nkkpghiwalay npo ung asawa ko skn magmula nung pmnta xa ng leyte nung may 24,2017.nung may 28 tnxt nya ko nkkpghiwalay n xa skn my 2 po kmeng ank ska ngsasama po kme nung ndi pa xa pmpnta ng leyte..wala po xang work kht ngssma kme ung mgulang ko ang sumusoporta s mga ank nmen kc ngresign ndn ako sa work and wala pdn akong nhhnp n work till now,ano pong pede kong ikaso sknya pra mkpgbgay xa ng suporta s mga ank ko? 4x npo xang nambabae at 4x ko ndin xang pnatawad pra lng mging stable ang pgsasama nmen pra lng s mga ank ko dhil ayokong mwalan cla ng ama tpos bglaan mkkpghiwalay po sya skn at ang dhilan nya panget daw po ang ugali ko.
Hello Atty.
My partner has 2 kids (3 and 2 yo) with his xgf. The xgf doesn’t have work and filed VAWC against my partner even if he was financially supporting the kids. The kids are with the xgf. Now that their eldest will be going to school the xgf still doesnt want to provide financial assistance and rely solely on what my partner can give. How can we get the xgf to financially support as well?Is there any parental responsibilty law regarding financially supporting children? My partner is in financial difficulty and he couldn’t provide everything from miscellaneous to education of the children. I am just worried for my partner, since VAWC can be abused by mothers to get money from their ‘baby daddies’ and the xgf might use this against my partner.
Good day.
Ask ko lang po. My husband and I were separated for more than five years. This 2017 i found out na may anak na sya sa ibang babae but we are still married by law. Ever since hindi sya nagbibigay ng sustento sa bata. Last school year sya ang bumili ng school supplies ng bata. This school year sya din ang bumili and I told him na sya na ang magbayad sa service ng anak ko monthly.
I told him na magbigay din sya ng allowance monthly. But he refused. Ang sabi nya pang baon and pang bayad lang daw sa service ang ipo-provide nya. I told him na it is his responsibility na magbigay ng sustento monthly. He claimed na yun na raw yung sustento na ibibigay nya. Is it enough na po ba?
Thank you po.
Good day Atty.,
My ex is not giving any form of support to our daughter, though I have been extending efforts in communicating with him either text or call, always asking for support, but he always say that in order for him to support the child, he would rather get my daughter for himself. He said before, he doesn’t want to give financial support to the child because he said I would spend the money on other things. I don’t see any reason why he would think that if he gives financial support, I would spend it on other things because I have a well-paying job at a consulting firm, my stepdad works abroad, aside from that my mom and stepdad have a restaurant, we have our own house, and my sisters go to private schools. There was also an instance back in 2015 that he hid my daughter for 3 months, I called and texted him but I didn’t receive any response, he didn’t even let me talk to my child for 3 months (February 22 – May 25 2015) and he moved out from his father’s house during that time. He only gave me my daughter when I told him I would bring police to his father’s house. And after that, he didn’t support my daughter either financially or in kind. My concern now is this, is there any law that can help protect me and my daughter from his act of withdrawing child support for 2 years, and is there any law that can help me get the accumulated amount for the 2 years that he’s withdrawn his child support. He intends to get my daughter for himself. I would also like to go to any government agency but I am not sure where to go. I went to DSWD but they offered me assistance with settlement only. I can’t see any assurance they would help me using the law. Please help me.
Good day!
I am married to a soldier from Philippine Navy and we have 2 kids (13 and 11 yrs old). He only gives our children P5,000 only every month and can only get an addition for any emergency or additional financial needs. I tried to file a Child Support complaint in their office in Bonifacio Taguig but nothing happened. I just wanted to know what I need to do and what case I need to file against him so that we can get all the necessary support and benefits me and my kids needs.
Thank you.
How many months ung process once i file legal support for my children?
what support shall my daughter can get to his father (military personnel). we are not married but my daughter is his only child who was using his sur name and his beneficiary. his father married last 2001 but his wife already had another family… hope someone will repsonse us i am sending inquiry for how many time but no one replied.
Hi Atty,
I have a question on behalf of my friend who is the man. The illegitimate child is with the man’s parents (father) and the father has no stable income to support the child, the child is staying on the man’s parents so technically it’s the man’s parents supporting the basic needs of the child such as food and taking care of her and the mother is demanding financial support for her child, can the father refuse to support since he doesn’t have yet stable income?
ver
Dear attorney
I’m separated for the past two yrs now I had my leave in partner unfortunately I got pregnant and the child die from then on the after of my 3children cut their allotment the office said they only following my husband because their just following orders from my husband.. 7months n po wala ako natatanggap n support Sa anak ko ano po ang gagawin ko please help me deete