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.
- Twin-Notice Rule and Procedural Requirements in Employment Termination Proceedings - June 3, 2020
- When Travel Pass is Needed for Interzonal Travel during Community Quarantine - June 1, 2020
- Can Companies Compel Employees to Work during the General Community Quarantine (GCQ) and Impose Disciplinary Sanctions - May 29, 2020
Good day attorney,
My brother and his wife wed at a courthouse. Their baby is already born when they got married. After 1 1/2 years, the girl verbally admitted to my brother that she has another American citizen boyfriend. She left mu brother and the baby for almost 2 years. When she graduated college and now in medschool, she wants to get their baby who is now 3 years old.
As an aunt, who loved and took care of the child as my own, I’m aware of the law that childlren below 7 years old should be with their mother. This is what scares me. We gathered photos showing his wife and her boyfriend together, but they’re not intimate in the pictures. It just says that they’re celebrating their anniversary. Will that be enough to file for an adultery case?
The girl also had a history of suicide. Can my borhter get her records from the hospital since he was the one who took her there? Can we use this also as an evidence for mental incapacity?
We’re also sure that she’ll just leave my loveable niece to her relatives since she stays in the dormitory of her boyfriend while they’re studying Medicine.
Your help will be a blessing to us. Please guide us. Thank you. God bless.
Gud eve po i have a baby to my ex bf us citizen he sign on d bcert and he want to hav the child a ss no.meron po aq una asawa at hiwalay n kmi fpr 8yirs.ang tanong kpo once na magkaroon ng ss no ang baby.pde pba magkaroon kmi ng agreement sa court na once na ma process na ang papers ng baby e d nya pde dalhin ang baby until he reach 7yirs old.ang pangako po nya gusto lng nya magkaroon ng ss ang baby at d daw nya kukunin sken ang baby.alam ko nman po kc malabo aq mkarating ng us dhil sa kasal po aq sa una q asawa…
Anu pba ang laban ko sakali man hal.meron na ss no.ang baby..dahil nga po s ayaw ko mawalay sken ang anak ko.kaya q lng kukuhanan ng ss no ang bata dhil n rin sa usapan nmen n d nya kukunin amg baby
Hello po Atty;
Hiwalay po ako sa asawa at kasal kami,3 Nanak namin sinisuportahan naman nya pero recently gusto nya na sa kanya na tumira ang mga bata pero ayaw ng mga anak ko, Pedro nagbanta sya na pag hindi tumira sa kanya ang mga bata ititigil nya ang pag papaaral sa kanila.
May educational plan ang panganay ko pero hindi nya binibigay sa panganay ko, hindi po ako makaka kilos kasi andito po ako sa ibang bansa.
Ano po ang dapat kong gawin
The father of my daughter refuses to acknowledged her. I know he’s been separated for more than a decade with his first wife. We haven’t live together but we were together for years. Can i still demand financial support?
Sir how can i get financial support from my husband.. Weve been separated for 1 yr. And 8 months and were married for 9yrs f wer still together, i separated with him because of his cheatng.. He only gave financial support when maybe he wants or when he does have money, he doesnt have work. Is there any req. In PAO.?
Thank you and more power!
Good day atty!
Gusto ko lang po humingi ng advice sa inyo about sa situation ko. Kasal po ako sa isang US citizen for like 10yrs now may anak rin po kami ngayon, ngunit dati po ngkaanak ako sa isang pinoy nung panahong ngbakasyon ako sa pinas, he is 7yrs old now alam ng asawa ko ang nangyari nuon. Pero kahit nasa ibang bansa me tinry ko pakiusapan sila na ibigay ang anak ko sa kapatid ko pero ayaw nila at dahil nasa manila mga kapatid ko sila nasa probinsya wala ko magawa dahil ayaw talaga nila ibigay ang bata sakin nuon. so sila ngalaga sa bata for 7 yrs and now narealized nung tatay na may diperensya siya at ndi magkaroon ng anak sa girlfriend niya so lumalabas na hindi siya ang tatay ng anak ko na nasa puder nila for 7yrs naka apelyido pa rin sa pagkadalaga ko although kasal nako that time ginamit ko ang apelyido ng pagkadalaga ko. Nagalit siya at inisip na niloko ko siya tinakot akong idedemanda although ndi ko intention yun dahil ang buong akala ko cia ang ama dahil cia ang halos tumira sa place namin everyday until lumipad ako papuntang ibang bansa na. hindi sumagi sa isip ko na ang one time night ang magiging resulta dahil cia ang mas halos live in partner ko nung mga panahon na yun….at halos may hawig ang bata sa kanya…Salamat ho sana ho ay mabigayn nio ko ng idea if paano masettle ang situation na ito. Thank you. God bless
hi good day attorney,
i would like to seek legal advise and right move with regards to my ex-wife with new relationship with another men. who is so greedy with all my earnings.we got separated 2years ago and she wants me to give her all my 80% income each first payout of the month and another 10k fixed every end of the month plus 13th month payout take note.i been doing this for 2years and she never did open account for our kids until this last year 2017 ber month i finally make way to open account for my kids because of my 13th pay i gave her as well.but still she don’t want me to know the account number so i can deposit all my monthly support for my two kids.so what happens is i go every 1st and end of the month on there house to give her the cash money for my kids.and just this 1st payout of the year i tried to give her 60% because i do have needs to as well and told her i got to pay for my insurance and investments for my retirement age and daily expenses food,clothing and share payments on my parents where i stay for awhile now. but still she get mad and telling me kulang ung binibigay ko pa din sa kanya. she dont even rent a house because she is staying with her parents with my two kids age 13 and 10 girl and boy.we do have a car before and she make me leave it infront of there house and its been two years i have no idea if she already sale it to somebody else no where else i could see it.we are talking 20k plus monthly amount of money i gave her to support my two kids plus the 13th month pay.i been doing my best para matipid ang allowance ko for two years dahil lageh 2k nlng natitira po sa akin every cut off at taga pasig ako nauwi.what legal way i should do attorney sa ex wife.
Atty,
I have 2 daughters with my ex live in partner. He don’t have a regular job and his family is well off but he was adopted not legally. Can I ask for a financial support for our 2 daughters?
thank you
I have a iligimate child in phils,the mother dont accept my financial support for the child she withdraw the child to me without any reasons im affidavid the child livebirth with my Signaturen wher he born.
What can im do that the withdraw will stop?
Is there a choise about the rigth for demand to aply?
Good day atty. i have a baby girl turning 2 years old . Pwede po bang mag file ng child support sa tatay ng anak ko pero ang apelyido na ginagamit ng baby ko ay apelyido ko .
Hindi kami kasal . Nag hiwalay na kami buntis ako .
Sobrang complicated thats why we separate .
How can i file child support to my babys father ?
Pls help po thank you