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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SANA PO MAPANSIN NYO.
Atty.,
Gusto ko lang po maliwanagan.
Me and my ex-boyfriend had a baby June 2010. He is 7 years old now. When I got pregnant, he leaves me. So, he did not sign the birth certificate of our child. Three months after our child was born, he showed up and make it up to me, Sept 2010.
We lived-in for almost 4 years. But he abuses me physically without reasons especially when he is drunk. My father told me to leave him, that’s what I did in March 2014.
We moved out from the house without his knowledge. After 2 months of leaving, he had a girlfriend, that was May 2014. He supports the child only if he feels like it because I did not demand it. I am being thankful if he gave, and also thankful if he doesn’t. Like, 3k every other 3-4 months, but stopped supporting our child last Dec 2016.
He was married last January 2018. He is working now at Saudi Arabia. I am incapable of supporting our child because I am still a student as of now.
Can I still demand him the support of our child? How? Its been a while since his last support. Please answer. Looking forward to hearing from you soon. Thanks and God bless. More power!
RA9262
section 5
“(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman’s children insufficient financial support;”
FAMILY CODE
“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.”
Pwede pa rin ba akong mag file ng case under 9262 kahit walang income yung ama?
Umaasa lang kasi sya sa live in partner nya at sya ang nagstay sa house nila para mag asikaso sa anak nila.
Makakakuha pa rin ba ako ng financial support sa kanya?
Hi Atty, Ang anak ko po apelyido ko po ang gamit, wala ring acknowledgement of paternity ng tatay nya sa Birth Certificate nya. Pero pinapahiram ko parin po ang bata – pero di po talaga nagbibigay ng financial support ever since. Pwede ko po ba kasuhan yung tatay lalo na’t may special needs yung bata like Congenital Heart Disease? Wala po kasi syang binibgay kahit magkano kahit na may work sya at settled naman yung life nya. Please advise.
Dear Atty.,
My name is Juby O. Arevalo, 51 years old, married with 9 years old son.
I have been married for around 10 years to a very womanizing man….he work abroad….I had work before I gave birth to our son, but had to give it up as I can trust no one to take care of him for me…..He sent me eMail when our son was 5 months old, and said that he has no wife and no son……for more than one year he didn’t give us a single cent, in short I had to take care of our son without his financial help…
I have ask so may helps for the regular support from 2 of our government intity but I found no help…until my husband send us an off and on financial support….like this year 2018 he only send us for the month of February while he goes around with his mistress on vacation here in the Philippines.
Is there any possiblity I can get the support I needed for me and my son?
we have to so many family code at the moment, but I felt it is unable to help me in my predicament 🙁
Good day, Atty.
Ask ko lang po if I can file RA 9262 for the father of my child which is 6 yrs old now na hindi niya na acknowledge sa Birth Certificate? If i want to file a case ano po ang gagawin ko?Ano po ang kailangan kng gawin?
hi. i have a twins with a partner before but he was separated not legally with his wife when we were still together. Unfortunately we ended up the relationship when the twins are still in my tummy. I just want to ask if I have the right to demand for support for the twins. On what grounds we are not legal. Please help me.
We have 3 children (2boys and 1girl*bunso) the 2 boys are special child. Me and their father are separated. The father is earning 25k a month how much of his salary should be given to us because i want to stop working to attend the needs of my kids and be a hands on mom to them.
Atty Fred,
gusto ko lang pong magtanong dahil common law wife po ako ng isang AFP officer na may rankong LT. COL. Isa po syang muslim, may unang asawa po sya at naikasal sila.sa muslim rites pero matagal napo silang hiwalay pero may isa silang anak at binata na ngayon, sa 2nd wife naman po ay kasal sila sa civil pero di sila nagkaanak, sa 3rd wife naman po nya ay kasal din sila sa shariah law at may 3 silang anak. Sa kasamaang palad ako po ang hindi napakasalan dahil inabutan po ako ng Directives ng AFP na bawal na sa 1 sundalong muslim ang makapagdagdag ng asawa as of 2004 diumano. Kaya ang napasok lang po sa SOI (Summary of Information) nya as dependents ay yung 2nd wife at 3rd wife lang at ang 3 mga anak nito as dependents. Gusto ko po sanang maipasok din ang anak ko as dependents nya sa SOI nya dahil sa kanya naman ito naka apelyido at inacknowledge naman po nya ito. Namomoblema po ako dahil buntis po ako bgayon sa pangalawang anak namin at napilitan po akong magresign sa trabaho dahil sa maselan po ang pagbubuntis ko. Noon palang hindi napo sapat ang suportang binibigay nya sa bata. Good thing lang at may trabaho ako kaya napupunan ko mga pagkukulang nya. Laso ngayong napilitan po akong magresign dahil nga po sa maselang sitwasyon ko e nahihirapan po talaga ako dahil hindi po talaga sapat ang suportang binibigay nya. Ang gusto ko po sanang mangyari ay iallotment nalang ang mga anak ko. Para hindi ko na kailangan pang humingi sa kanya. Automatic ng magkakaron ng atm ang mga bata para automatic na ibabawas sa sahod nya ang suportang nararapat para sa anak ko at sa darating pang isa.
Hi, Attorney,
MAy ikokonsult po sana ako regarding sa brother ko. Magfifile daw ng kaso ang babae under RA 9262 sa kapatid ko for the reason na hindi sya nagsusuporta sa anak daw nya which is di nya alam kung sa kanya talaga. Yung apelyedo ng bata ay sa babae possible ba na makasuhan ang brother ko?Salamat sa sagot.
Hello good day,
Want to know if i can still get for support of my child, i have a twin boys the other one is with his father and the other one is with me.. Can he give me support for my child that i have now?