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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Ako po ay may tatlong anak n lalaki ang edad po ay 14, 13, at 6. 3taon n po ako hiwalay sa aking ka leave in partner n si Guiller g. caballero n 10 taon ko po nakasama sa buhay. Ang hihingin ko po sana ay makapagbigay man lang ng regular o tamang sustento financial sa aking tatlong anak.si Guiller G.Caballero sya po ay nagtratrabaho sa isang pabrika dito sa laguna at 13years n po syang regular employee. Ang aking mga anak po ay sa kanya lahat n kaaplido. Nagkahiwalay po kmi dahil nambabae po sya at kasama p nia sa trabaho. May karapatan po b ang mga anak ko n mabigyan ng tamang sustento kailangan po kc nila ito sa pag aaral pag kain at iba pang gastusin. Ano pwede kong gawin para ma obliga ang ama ng mga anak ko pra makapagbigay ng sustento kada buwan o kaya kada sahod nia sa trabaho. Salamat po.
Pa’no po kung yung father ng baby ko ay hindi ko inilagay sa birth certificate name niya, and hindi siya nag support kaya gusto ko mag file ng case against him. Is this possible?
Good day i would like to ask if the child can still get benifits from us embassy even if her parent is separated … How much benifits do they exactly give ? Because there are lots of american father who dont give enough amount to support their child and waste it on other people even if they ready know they have child to support …
Gud day po. I am 50yrs old with 1 child who’s now 10yrs old legally married. Ofw po asawa ko as of now he is working sa ministry of defense aviation under saudi Arabian ordinance corps. as head of maintenance department. Nag away po kmi because of the third party after that hnd n cia ngparamdam hnd n nmin macontact ng iba n cia ng number. Gusto ko lng po sana mgfile ng petition for support Maganda nmn po sweldo nia Pero hnd cia ngpapadala kht para s anak nia. Pwd ko po b cia sampahan ng kaso kht ns Saudi cia? Sana po matulungan nio aq. Maraming salamat po..
Atty. Pano po kung walang trabaho at pagkakakitaan ang ama? Anung mangyayari sa ama kung di nya masustentuhan ang bata dahil nga wala syang kabuhayan?
Atty., i’m a single parent, the father of my daughter is jobless his mother supports so little monthly for only 500 or sometimes 1000 . But not its already 4months we didnt receive any support. Can i file an abandonment? The father also didnt visit our daughter even once or even taking care of her for a sec. Please help me.
atty.. same problem din po bali ung partner q ngaway kmi and then umalis n xa s bhay nmin… then mag cchat or mgttxt xa n ndi n nya ssportahan ung anak nmin and sknya nka surname ung bata and snsbi nya n papalitan q n apelyedo nirereklamo nya ndi nya nkikita ung bata pwd nmn nya pntahan sa bhay dhil xa lng nmn hnhntay nmin n pumunta.. pwd b aq mg seek ng support pra s bata and mg file ng kaso s mga snsbi nya tungkol smin ng anak nya??
Hi atty.
I had a son but was not acknowledge by his father. For 10 yrs he never give any support. Just only gave for my maternity bill and didn’t show up. Right now he had a good life with his family. I wAs wondering if can file any case for not supporting our son even his father didn’t acknowledge him?
pwesi pa kaya makakuha ng legal support ang anak ko kasi my ibang family na ang dating ka live in ko..at ang masakit ay sinabi nya sa akin na dati na di daw nya anak ko..7years na ngaun anak ko nung nagbubuntis palang aq nagbibigay sya ng pera 1thousand a month at nung manganganak na aq nagbigay ng 7thousand..since 2012 dina nagbigay ng support sa bata kasi daw mag abroad ako..
Hello Atty.
I badly need an advice in regards with Child support.
Im a mother of 2 kids.
Married since 2015, but my kids were born before me and my husband marry (2012).
Me and my husband is now separated (not legally) but i left our house.
Im a battered wife.
My husband work as an OFW in Japan,
and is currently living there while me and kids here in PH.
Everytime he goes to PH, we always tend to fight and end up him hurting me.
Last year was worse.
He got vacation to PH twice last year and twice she brought home a girl with him.
What’s worse is that he’s teaching our kids that the girl is also their mom.
I ignored and didn’t react to it at first cause im alone living with their relatives.
But last year, we fought bad and he end up almost throwing me off the stairs while his girl and everyone in the house is watching even kids.
He’s not letting me take my kids to our room to sleep but he is letting the other girl sleep with my kids . thats why i wanted to take my kids and end up fighting .
The next day,
He went to our Barangay complaining and he said that his complain is about me trying to take away the kids .
which is not true .
First , i was asking him permission if me and my kids can take vacation because my relatives also just came home from Japan.
and they wanted to see my kids , but he didnt thats why we end up fighting also.
So while in the barangay,
person present on the meeting was talking to us and he’s trying to make me look bad, Until i told them and showed them all my bruises and mentioned the girl he brought home in the house.
They asked me if i wanted to do Medical for my bruises but i was so scared at that time so i said no.
to shorten it ,
the barangay personnel said that
he should just transfer me and kids a different apartment , and he should give us child support for a monthly allowance .
When we returned home from vacation (that was the day we set for agreement of us transferring to new apartment) my husband already left the country . and never did he comply with the agreement settled in barangay.
a few months later,
His relatives from house is ganging up on me and not let me eat . (longest i had was 6days no eat).
so i decided to contact my relatives and asked them for help .
To make it clear, we ran away from house.
i took my two kids with me,
and went to my relatives .
my Daughter is 6 and my Son is 5 and has ADHD .
We are currently living with my relatives and well provided by my mom (cause i can’t work at the moment cause nobody will look out for kids) , but currently planning to open a small business .
I was a call center agent before and because my husbands relatives always complain , i got no choice but to leave my company and take care of kids . this is why i am currently unemployed .
School year is about to start , and with my son’s condition, he should be taking some therapy (ADHD and Speech) but since we don’t have the budget for that , i wanted to asked if we can ask for a child support .
my husband is currently working in Japan and based there.
what are my chances for this kind of case?
i hope to hear from you soon, and I’ll be very grateful for you response . Thankyou so much