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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Hi,
I’m asking for some guidance/advice. I have a male Filipino friend here in Angeles City with 4 children with an American woman who lives in America, he’s married to her in the Philippines tand she has abandoned him and their children and has gone back and married another man in the USA. She is not a Philippines citizen just USA . It’s a lot different because it’s usually the other way around . She’s never registered her kids as USA citizens and they should be. He gets no support from her and it just might be biligamy that she has gotten remarried without getting a divorce in the USA and now has more children there. They were married in the Philippines. Does anyone have suggestions or advice? Are there any pro bono Lawyers who might be interested. It seems he could get some social security at least for his kids or something. Thanks all. Past this on or PM me if you wish.
Dear Atty.
I have a daughter, but the father of my child didnt recognize her, he left me and hide when he knew that I got pregnant, now that our daughter is almost 2years old, I saw him and I ask for a financial support,, but he refuse to give, then I warned him that I will take it to the court, then the next day, he just give me a P590.00!
I felt so insulted and he’s the one who had guts to tell me that he will never going to support my daughter if I will pursue the case, because he said his salary as part timer is not enough and he was applying for the PNP, he also said that I have to wait until he got a job and have a savings, but for me this will take another years of waiting I also wrote to his parents seeking for help but nothing happened,, I just want to ask if where can I ask for help regarding of this matter without spending big amount of money, because I am the breadwinner of our family, and my salary as a sales lady is not enough, but I really want to take it to the court…
I hope, that you can help me.. thank you, & god bless
My father is working as an ofw driver, he is working there for almost 24 years. He work there since 1993 and that time hes sallary is 2000hkd so his allotment for his family was 5k(peso) in a month. But theres a policy that after 2 years of recontract his sallary getting bigger to 3000hkd then his upport for us was still 5,000 which is ok bec we are still young and his sallary is not enough. But until now the more he recontract evry 2 years the more his sallary getting bigger, last july 2017 his employer approvedhis monthly sallary of 12,000hkd and still my mom received 5,000 pesos in a month.. my question is, how can we get the full suport coming from his sallary bec his sallary is getting much higher than before. Is these still right thing for him to do to his family??? We have the right to get half of his sallary evry month. The world gtting more expensive and we can always have 5k in evry month. That against the law. We need to get an actuon about these,we have the right to get his half of sallary.. please help us what we need to do.
Aside from that, last June 2017 until august he didnt send his 5,000 allotment for us. He never send a money snce June up to august 2017 which is last month. He nver send us then he nver think that he give a small amount of his support then it comea that he never aend money for 3 months. How can we eat then? These ia not good. We are his legal family. We runs on his blood..please help us..
Aside from that, last June 2017 until august he didnt send his 5,000 allotment for us. He never send a money snce June up to august 2017 which is last month. He nver send us then he nver think that he give a small amount of his support then it comea that he never aend money for 3 months. How can we eat then? These ia not good. We are his legal family. We runs on his blood..please help us.
good morning..my son‘s acknowledged father is a marine soldier..he is giving P3000 pesos for his son every month but sometimes skips a month.some people say that the said amount of money is too small for a soldier who earns P20k+ a month.is there a law that applies for the appropriate monthly financial support for a child of a soldier?thank you.
Hi tanong ko lang, pano naman po yung tatay na nagsusupport sa anak nya pero ayaw ipahiram ng nanay yung bata? Financial lang ang gusto pero hindi naman pinapahiram. Syempre gusto ng tatay makita anak nya. Ano pwede dun?
-helping a friend here.
Hi attorney..I am a single mother and really I have a financial problem in supporting my children.I’m from the Philippine’s. I planned to go to our mayors office to summoned my daughters father who has a live in partner now and pregnant.the uncle of my daughter’s father told my daughter yesterday that’s its impossible to summoned her father because the live in partner is pregnant already.
He stop supporting our daughter since June of 2017.my daughter is 17 years old and still studying.
Can I still file a case with his father attorney?pls help me.
Atty. Pwede po ako magtanong kung ano pwede ko gawin..hindi po kmi kasal ng ama ng lima kung anak nasa poder ko po cla lahat kasi iniwan nya po kmi nagasawa po sya ulit..tatlo nlng po naiwan s mga anak ko kasi ng nagsasama p kmi ngksakit ang dalawa at namatay s kadahilanan ayaw nya ipagamot kasi wla daw pera pero ako ngpursige n dalhin s ospital pero wla po nagawa ang mga doktor hindi ko po cla nadala agad ksi ni minsan po hindi nya ako binibigyan ng pera..s pangalawang anak ko po n namatay hiwalay n po kmi non nsa probinsya po kmi ni mnsan po di xa ngoadala pera para s pagagamot ng anak nmin buti po andon pamilya ko magulang ko di rin po xa umuwi ng libing ng anak ko…simula non iniwan n nya kmi at pinabayaan halos mabaliw po ako ksi namatayan p ako iniisip ko pano ko bubuhayin tatlo kung anak ok lng magasawa xa…basta nasa akin ang mga anak ko magsusumikap ako para s knila kasalukuyan po andito ako ngayon s maynila namamasukan bilang kasambahay..atty ano po kaya pwede ko gawin para s dati kung asawa pwede po ba akong humingi ng sustento para s pagaaral ng mga anak ko kasi nagaaral n po cla lahat eh ang sahod ko lng po ksi di kasya para sustentuhan ko lahat P3500 lng po ksi sahod ko…salamat po atty.sana mapahuyan nyo po ako god bless po…
Hi Sir Fred,
Good Day.
I’m Mark of legal age at 26 years old, from Bukidnon, I have a live in partner a while ago ( not Married) and we have two kids, a boy (6 yrs old) and a girl (2 yrs old). All of my kids followed my SURNAME, and now, me and my live-in partner separated because of such reasons also with my kids, and now i’m alone and without stable job, and my past live in partner is requesting a support for our kids, so my concern is:
1. HOW MUCH MONEY I WILL SUPPORT TO MY (2) TWO KIDS?.
2. IS IT RIGHT THAT MY PAST LIVE IN PARTNER WILL FORCE ME TO SUPPORT THEM EVEN-THOUGH WE’RE NOT MARRIED?
3. CAN I GET MY KIDS AND LIVE WITH ME? BECAUSE MY KIDS IS ON HER SIDE.
4. AND WHAT IS THE MOST EXACT THING TO DO ON THIS KIND OF SITUATION?
THAT’S ALL SIR,
I HOPE I CAN READ YOUR REPLY AS SOON AS POSSIBLE.. IT IS A GREAT HELP TO ME AND ITS MY PLEASURE TO FOLLOW WHAT IS THE BEST THING THAT I WOULD DO.
THANK YOU.