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 attorney,
Hihinge po sna aq ng advice.. yun po date ko asawa. Eh my pamilya na Hindi pa po Kmi divorce, I’m still fixing it. My anak Kmi At 10 years old na, nsa knya dahil s knya sumama, noon pinapili nmn 7 years old xa. Na brainwash po kc ng Family ng Guy. Kung Ano Ano po paninira ang ginwa nila tungkol skin. Kung tutuusin nsa hongkong plang po aq ng 2012-2013 my babae nxa Habang ako panay padala At xa npka tamad At puro higa lng ang gingawa. Hanggang nahuli ko na nga po pero pinatwad ko dhil sa anak ko At naki usap ang anak ko don muna xa tumira sa bahy nmn na ako ngpagawa sa bakuran ng biyenenan ko(Pero di po bayad un lupa nila). Panay prin po ang padala ko sa knya sa buong akala ko hiwalay n cla ng kabit nya un pla ay Hindi pa. Hanggang ngdecide nko humiwaly. Pero Di nya po un matanggap At pilit nya po aq pinbblik s knya, kaya ang ginwa ko po ng bf po aq just to make him stop. Kc sinabi nya skin once na tikman dw aq ng iba di nxa babalik. Pero nun nalaman nya pupunta nko Canada ngppilit na nmn xa bumlik gang umabot n Kmi sa barangay, dswd At laht don my kamaganak cla. tinanggi nya Wla dw xa babae Pero ang Totoo buntis na pla un babae gusto nya lng ng pera ko. At ginamit nya yun bata para xa ang piliin at samahan ng mgkapera xa. Skin lng po ngyon ngppdla ko sa magulng ko ng pera pra sa mga damit At needs ng anak ko sa school. Pero ang gusto ng Guy sa knya pumatak un pera padala ko. Hindi nmn po pede dahil my pamilya nxa na nakatira sa bahy na aq ngpgwa. At dalwa na anak nya. Ayaw nmn nya ibgy un bata At pinagbbwalan pa mkausp ang pamilya ko At ako. Ilan needs na ko lumapit noon sa dswd para mabawi un bata kht andto nako sa Canada dhil nppbyaan lng nmn, Hindi nkkpsok sa school kc Wla dw baon. Ang mga damit sira-sira. Kase sinbi skin ng dswd na pg my dinala dw babae un guy sa bahy namin sila daw mismo mgddala ng anak ko sa pamilya ko. Pero Wla silang ginawa.. ngayon alam ko lason na lason na isip ng anak ko At 10 years old nxa Di ko po alm Kung pede Ko pa xa makuwa. Pls advice po. Slamat
Good day!
Is it possible to sue the mother for neglecting her children?
My brother and his x-gf had two kids, and she left them both to my moms care. My mom is old and they dont have direct source of income. My brother works full time and providing for his kids, but the mother is living a nice life by herself somewhere. I see all her posts in facebook, eating out with her friends, trips here and there with hashtag “single”, and it infuriates me more. She’s a call center QA, and they get paid enough for her to take care of her kids. This is also not the first time. She had another kid with another man. She also left that child to the fathers care.
Im trying to avoid the scenario wherein, my mom would continue taking care of those kids and she comes back later when the kids are able and useful. Itll be easier for her to take them since shes the mother.
I want her to take her kids since shes the mother. If she wont do it, i want to sue her, and we’ll keep the kids legally so she dont see them again.
Good morning po.. My live in partner leave us after i got pregnant.. Don’t know what to do?? But I know where he works.. Hope you can help me thanks in advance..
Can I still get suport to my father? I am already 26, and he is not married to my mom. Though I have some evidence that she is my father through conversations. Thanks
Hi, I have a son from a previous relationship. He’s now married to another woman but no child yet and is now working in Japan. Our son is in 6th grade and studying in a private school. He sent money to his brother amounting 3,500 pesos only last May. We have met in IGDD Davao for his support for 2,500 per month 5 years ago. I’m working part time as of this time. Can I oblige him to send monthly support and as well as an increase?
Hi, Im separated with my husband for almost 8 yrs. now. hes anyway been supporting our daughter only when he wants and how much he wants to give. recently he filed an annulment petition which I approved since we were already living in partways. however, i just want to ask some advice on how much should i demand from him since he is a seafarer. Thank you and more power
Hi we are not married but we have 3 kids, ang hirap niya kausapin whent it comes sa sustento. Pwede ko ba siya ipakulong or what do i need to do.. Thanks
Pa help naman po
I
My husband is an employee at LGU. We have 2 children and were married for 9years. Hindi nya po kami bnibigyan allowance. Ung sweldo nya ay sa kanya lang napupunta. We live together sa byenan ko. Ang nag susupport po sa amin at s mga bata ay ang mother ko for allowance and ang mother nya para s food, shelter, etc. Sinasabi nya lagi na narami sya bayarin. Utang po sya ng utang para sa nonsense n mga bagay. Pang inom , pang yosi, pang sugal at pambili ng mga sapatos at tsinelas. Paano naman po kami? Hindi naman forever nandyan ang mga nanay namin para sumoporta. Hindi ba para sa mga anak nya kaya nag ttrabaho sya? Pag po kasi kinausap sya. Ay galit pa sya. Pa help naman po
I don’t know if I write in a right place regarding my question and I’m so sorry for my ignorance but wanted to ask some questions pls regarding a child support came from the father coz I have a british partner for 7 yrs and we’re separate last Feb. At this year,2018 due that she found younger than me and now they stay also here in the Philippines but he stop giving the support coz he wants to take our car and half of the property( farm land,2 hectares and a piggery which maybe more than a million only the building) coz he said that it is more than enough for our child to survive but I am not working coz he stop me from working for a long time and now I am 41 yrs old and difficult to find a job. But farm is harvesting every 4 months so what about the necessities that are needed in the school most especially she’s still drinking milk coz she’s only( my daughter) is 4 yrs old.
Do I have the rights to file a case regarding the support of our child coz his salary is more or less a million for every month. And how much can I ask for my child support???
ask ko lng po kasali po ba sa criminal law na habang buntis pa lng eh hindi na nag susustento, even sa check ups ultrasound and all? thank ypu