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 im a ofw and i have daughter shes is 11years of age and her mother demand me as a support for 300$ a month or in philippine peso is P15,000 pesos and her mother is not working at all.i want some advised or there a percentage about the support?and were not married.thanks in advance
Hi everyone i would ask if what case do I file for my dad, because he didn’t give me a financial support for my study. What do I do? Because im in a legal age now I’m in 18years old. But he didn’t give me. Please help me ???? i will wait your response. Thanks a lot and God bless ???
I am a grandfather. My son and his wife were separated for a year now. They have 2 child. 6 and 3 years old. Recently the mother went abroad for work leaving the children to her parents and sister. My son still visiting the children every weekend also me and my wife inviting the children for outing, meaning to say we have a good relationship with the children. My first question, is my son has right to take care of the children? We have offered them to let the child enrolled to Lasalle in Toledo City provided with private transport and a tutor. But the mother refused. She wants the child to enroll in other school and wanted the child to hits a ride with her brother in law”s motor bike going to school together with her nephew. We think that it is unsafe and uncomfortable. Now I want to know if my son has the right to decide to which school the child should go.
Thank you and hoping your kind advice on this matter.
Thank you
Can I ask the court to imprisone the father of my child? I would rather see him in jail than seeing him living free. We had an agreement years ago about the financial support but he did not comply. Just last year when he decided to give support but with difficulty in my part. For my peace of mind I really would love to see him in jail. If ever I will file a case against him how soon will this happen? Thanks.
The father of my son left us 8 years ago we are not married but we live together for 9 or 10 years he have his own family I have new partner my son fathe message me if he like or I he only have time he don’t support my son financially he gave money atleast twice a year like 4thousand or 6 thousand he said this coming enrollment he will give me 50 percent of my son tuition fee but until now his online on Facebook but not responding to my message what case can I file to him so he will support his son
Hi po attorney Magandang umaga po. Ittanung ko po Sna kung meron poba karapatan Mag habol bb ko ngaun support po sa ttay nia Tga phinsylvinia po pro nsa china post sya ngaun nag stay dhel po sa trbho nia.ka ppanganak ko plang nung May 12 2018.cmula po nag Buntis ako sa Anak nmin hndi twice lng po sya nag padala ckin pro ung mommy lng po inuutusan nia padalhan Ako ng pera after that Wala na po. Halos po ako Mag makaawa 2lungan po nla ako sa gastusin sa panganganak ko pro ang cnasabi po ng mag nnay habang wla d2 DNA kung sa Anak dw ba nia ang Anak ko hndi po d2 nka ttangapin Anak ko at hndi nag ssuporta. Willing po ako ipa DNA test ang Anak nmin pro Hangang kylan poba ako Mag aantay nun.wla po ako trbho dhel bago panganak lng po ako. Halos wla ako mahhingian ng tulong nung nagkasakit anak ko lagnat. Hndi po kmi kasal attorney nag sama lng po kmi d2 sa pinas sa Clark Angeles Pampanga po. Marami nman po my alam na nag sama po kmi sa iisang bhay. Pro bkit po Gnun bkit kylangan nla sabihin hndi sa knya anak ko. Lagi ko po cnsbi ipa DNA test ntin ang bta pro Hangang ngaun po hndi nia ako kinakausap. Meron po dn sya kinakasama Chinese dun na bbae Buntis dn po 6month pregnant attorney. Anu poba Dpat ko Gawin attorney ksi hndi ko po kya ibigay sa Anak ko pangailangan nia dhel wla pa po ako trbho sa ngaun ksi bago panganak lng po ako. Anu poba Dpat ko Gawin. Sana po ma2lungan niu po ako sa mga katanungan Kong Ito attorney. Maraming Slamat po at maganda umaga po sa Inyo.
Hi Atty. I would like to consult our situation to see how it stands in the law.
My father had a long-time affair with a woman from his office. His mistress told him that he is the biological father of his daughter. However, the mistress is also married, and her husband accepted the child as his own and the child now carries the mistress’s husband’s last name.
For the past 11 years, their affair has been kept a secret and the child grew up thinking that her biological father is only her ninong. The mistress (who is still working in the same company) has also been receiving financial support from my father, even though she is still married to her husband who legitimized the child and they are living under one roof as a family. It was only a few months ago when the truth was revealed to my mother and she has demanded for the affair to stop, and along with it, the support for the child to stop as well. I would like to clarify a few items:
1. Under the law, is my father liable for providing financial support to the child considering the child is legitimized by the mistress’s husband?
2. If not, is my mother able to make the financial support stop because of this technicality? My mother also has doubts that the child is even truly his because the mistress has remained married to her husband all throughout the affair with my father. No DNA tests have been provided because my father is convinced that it is his child.
3. Even though my father is not working in the same company anymore, can we still file a complaint against the mistress to the company? She was my father’s direct report all throughout the affair and there was a very clear conflict of interest.
4. When the time comes, will the child have any claims on the properties, etc. that my father owns if proven blood-related? Again, I’m going back to the fact that the child has always carried the mistress’s husband’s last name which either means she has been legitimized by the husband or adopted.
We hope you can shed some light on our situation. Thank you.
Hi’ I have a long story but i’ll try to make it short need for some legal advise, I have a son his turning 5 years. old. this August me and his father were not married he went to AbuDhabi to work but after a year before he went back here were still having a conversation and i think were still in a relationship even his far from us but when he arrive here in the Philippines he did not contact us or even see us after a month I’ve seen a picture on the net that he was with this girl right now his current wife,when he went back again to Abu Dhabi all he send for the support of my child was 4,000.00 pesos monthly but before then he send us atleast 10k a month there are once or twice before he send us 15k. a few days before my son birthday I tried to reach him when i contact him we’ve talk and that’s when he send me 10k and that’s it for the next month until a year he still send us 4k monthly, he only send me 5k a year ago so i’ve suffered for 3yrs. and last year my son went to school already he send me atleast a year once in a while higher than 5k, 8k then 7k and went back to 5k again till he arrived this april and finally we’ve meet me and my son I’m asking for his tuition fee for this year enrollment his kinder this up coming school year. When they met he gave his son for the first time of course a shoes he also buy him a toy and a trolleybag and before we went home he only gave me 7k, I’m asking atleast half of it and also before he promised in tagalog babawi ako sayo anak, i said to him atleast this month and for the following month send his son his support monthly like 10k or atleast higher than 5k because I can’t manage anymore I’m working but my salary is not enough to covered all mine and my son basic need and necessities. Pls. help me about my situation. thanks .
Pwede ko po bang itanong kung pwede ko hingan nng sustento anak ko sa father niya kahit wala siyang work at nag aaral pa siya?
Good day! ask ko lang po if pwede po ba ko mag ask ng financial support para sa 11 yr old kong anak pero hinde ko po nilagay name nya sa birth certificate ng anak ko ?may habol po ba ko?sa tagal ng panahon di po sya nagbbigay para sa anak ko sa ngayon kase gusto ko lng naman magsupport sya s pag aaral ng anak namin