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 day po…may anak ako lalaki pro.di kami.kasal pro naka pirma po sya sa birth certificate ng bata..for 6 years wala man lang syang naibigay ni pisong duling sa anak ko anu po bang maari kong gawin…kahit that time may time namn na may worj talaga sa…pd ko ba syang ipakulong o anu po ba ang maaring gawin
Hi good morning. I really need your advice. I have 2 kids. Same father po. Pero tinalikuran nya na po ung pagiging father nya sa mga anak nya at sumama sa iba. Can i file a case po na hnd na po xa pwd makalapit sa mga bata..
good eve sir…I also have a problem with the father of my children for he has not been giving the right financial suport for them for the past 15 yrs. because we do not know his whereabouts until last dec 2014. He is not connected in any company. he is a freelance architect. my eldest child graduated from college without his financial support. now my youngest is already in his 3rd yr in college and he needs financial help due to high tuition fee. he tried to contact his father but he is ignoring his messages and even not answering his call. pls help me oblige him to pay for my youngest child’s tuition fee at least this last 2 years in college..thank you very much and God bless
Dear Atty:
i got two kids which will graduate this coming Match 2018..they are 22 and 21. is it legally just to stop the financial support ? or as an alternative, decrease the financial support?
though, i did sign an agreement that i will provide support for an “X” amount, but it did specify when will it end..
no offense, my hard earned money does is not 100% fully enjoyed by my kids….it is also being consumed by their half-brothers…
glad to hear your legal advise…thanks!
I had two kids with my previous boyfriend. I already gave him a demand letter but he is ignoring it. For how long should I wait before I file a petition in court? Thank you very much.
Hi po tanong ko lang po. yesterday I received a demand letter from my wife. Asking 35k for support. 9months na po akong nakipaghiwalay dahil sa hindi nko masaya sa relasyon namin. 3 po anak ko sa kanya pero may sarili nang pamilya ang 2 kong anak n babae.yung bunso namin nalang kasama nya sa bahay.24yrs old edad ng bunso ko. Nagbibigay naman ako ng monthly support.. ngayong jan. Lang nadelay kasi nasa new company nko nagwowork at every katapusan yung salary unlike before na 15,30 sahod. Need legal advice po
Hi I’m 25 years old. I get pregnant to my ex boyfriend. We’re separated he randomly gives money when we ask only. Nung nanganak ako my bills reach 60k he only contribute 15k and support only 2k after ko manganak then huminge kami ulit ng pandagdag sa gagastosin sa binyag nagcontribute lng xa ng 5k after nun wala na siyang support. Walang kusa yung financial support nya. Hindi namin pinaapelyedo sakanya ang baby namin ano po dapat kung gawin legally para mfrce siyang magbigay ng financial support sa baby.
Hi Atty.,
I am 25 yrs old and a single mother, the father of my baby is well off. He has his own business , lives in a subdivision with his live-in partner, has 2 cars and etc.
The situation is he did not support well my baby’s needs in which he has a capacity to do so. As a parent all i want is to provide ,if not the best at least most of my baby’s needs. Their child is very well provided and to tell you frankly i’m a little bit envious of what he did…
Don’t my child have the same right of their childs? It isn’t fair on my baby’s side… What is the best thing that I should do Atty?
Hope to receive your kind advise.
In what way can I ask him a full financial support for my baby?
Hi Sir,
I am Jeanny, a single mom of 2. My partner and I separated 3 years ago while I was pregnant with our 2nd child. We separated because he impregnated another woman and he’s living with that woman now. He acknowledged our first child but not the second one. He also used to support the kids with just 2k a month. For less than 2 years he inconsistently sent his suport to the kids. He also don’t visit the kids or even call to say hi or how the kids doing. Until last July 2016, he stopped sending financial support, stop replying to my messages and answering my calls (following up the child support). By the way, he is a police officer.
My questions and concern are as follows:
1. Can I complaint or filed a case for child abondement for the two kids?
2. Since he did not acknowledged our second child, what if he refused to support the child?
3. If he refused to acknowledged the second child, what should I do so I can still push for child support?
4. Can I demand that he should add the kids as beneficiary in all his benefits?
Please give me your inputs in this matter.
Thank you.
to Ms. Jeanny,
For additional info.
Go to camp crame Quezon city Womens division bring child birth certificate and picture together with him if you have.
Women`s desk is the best answer for that, youre not alone on some kind of issues tel. number ยท 7255115 then request to transfer your call to womens for more information.