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, I am a daughter of a seaman 12 yrs old. My mother and my father is no longer together because of what we call it ‘teenage pregnancy’ but still my father (seaman) managed to graduate. So my father already had a child(younger half sister) and a wife their married. So obviously im an illegitimate daughter. Can I file my father if he will not or refuse support my studies or give an allowance?
btw My father gave me 5k twice a year and his wife was the one whos handling the money. Instead of 5k i only recieved 3k. I am ashamed to ask or talk my father about it because his wife was the one whos handling his account also.
Confused,
A daugther
hi i have a friend who are a father and he have two children and they are’nt married then the woman take the children and keep it for 9 years and then suddenly came back then harras the man to support the children and demand for an allowance . and threaten the man to file a case. is this possible? thanks
Hi Sir/Mam
We have a child on my prevoius partner, though my daughter is not under his family name because when I gave birth hes not around that time. And there’s a need for him to signed the paternity consent. In short he is NA at the birth of our daughter. I asked a financial support beacuse he isa licensed teacher in a public shool he agreed on that and signed in front of the Barangay Captain including the expenses in case our child would have some emergencies (because she has a siezure disorder). And now he declined to honor of what we agreed before. Can we have a claim for this?
Hi Atty please advice me what is really financial support for wife? I’m OFW contractual 6 to 9 month, We don’t any child unfortunately we are separated for 17 years she was filed case against me RA 9262 non support last year. To make a short story in the pre-trial we agreed that she will received an monthly allotment amounting 40k. On April 2018 I was finished my contract then I reemployed last November 2018 but now she complained & filed motion to revive the case RA 9262 non support due her reason she didn’t receive an allotment for 6 months. Now this month probably she received an allotment because my salary deducted from my company. Please advice me what I’m going to do I’m out of the country right now for my case. I don’t want terminate my contract because I will be the one to shoulder all the expenses for my repatriation and for my reliever, and of course for my good reputation of my company. It is right that she continuesly receiving monthly allotment even my contract was finished? Thank you. Merry Christmas and Happy New Year.
Ask ko lng po, wla akong trabaho, ang sumusuporta s akin ang asawa ko. May 2 kaming anak. Bago kasi kami ikinasal ay 10 years old akong anak. Pero ngaun humihingi ng sustento pero wla nman akong trabaho Tpos s pagttalo nmin, wla daw akong karapatan s bata pero from the start nagbuntis at hanggang nung May work pa ako nkkatikim xa ng sustento s akin at s mga kapatid ko. Nito lng natigil dhil wla na akong trabaho. Ano ba dpat kong gawin?
Hi! I need some advice. My husband is a policeman. He abandoned us. He dont want us to be together. Pwede ko ba siyang ipatanggal sa serbisyo nya? Can I ask also that his salary should be send to me directly?
Sir. I have kids a twin boys. He left us when i was still pregnant . When I gave birth i ask a support from him but his mother insist that he will support if he had a work already. All I know is that he had a work already. His family keep him from us by telling a lie about his whereabouts now. The kids are already 1 and 4 years old already. All I want is support only for the twins. Can i demand a support from him. He doesnt have a wife yet..
GOOD DAY,
CALL ME JEZZ AT LEGAL AGE LIVING IN THE PHILIPPINE, MERON PO AKONG 4 NA ANAK AT KASAMA NAMIN SA BAHAY UNG PAPA NILA, FOR PAST 11 YEARS OF LIVING TOGETHER, ALMOST 9 – 10 YEARS DUN AKO NAGSUSUPORRT SA FAMILY NMIN DAHIL MAY STEADY JOB AKO AT SAPAT NA SAHOD. ANG ASAWA KO NAG ABROAD AT NAUWI DIN AGAD DAHIL DELIKDO BUHAY SA IBANG BANSA, NAUN NGKAWORK CXA DITO SA PILIPINAS SA ISANG FAST FOOD CHAIN PERO ANG SUPPORT NA BINIBIGAY NYAH FINANCIALLY SA BAHAY ANG STOCK SA REF LANG. DEN SHARE PA KAMI NG PAGBABAYAD NG BILLS UNG SA SCHOOLING NG MGA BATA MINSAN LANG DIN CXA MAKAPAGBIGAY SI DALANG NG PATAK NG SNOW SA PILIPINAS., NGRESIGN CXA SA NASABING FAST FOOD KASI MABABBA UNG SAHOD AT HINDI NYAH MASUSTAIN UNG FAMILY NEEDS NMIN. NAUN NASA ISANG KILALANG COMPANY CXA NG CASH SOLUTION SA PILIPINAS BUT STILL NAFEFEEL KO HINDI PA DIN SAPAT UNG BINIBIGAY NYAH SA FINANCIAL SUPPORT DAHIL INIISIP NYAH NA NAGWOWORK NAMAN AKO AT KAYA KO SUPORTAHAN MGA BATA. AASK KO LANG PO SANA KUNG ANU UNG RIGHTS KO AT NG MGA KIDS SA PAPA NILA. KASI HINDI PO AKO NASASAPATAN SA BIBIBIGAY NA STOCK SA REF AT SA PAGBABAYAD LANG NG BILLS.
SALAMAT PO NG MADAMI
Good day po,
I need some help. Nagpakasal po kami ng asawa ko noong April 4, 2016 at 8 yrs old na po ang anak namin noon. This December ko lang po nalaman na may nabuntis pala siya at 6 months na noong time na kinasal kami. After po ng kasal namin, kasi nasa bulacan siya at kami ng anak ko ay naiwan sa leyte, ay nagsasama pa pala sila ng babae nya. Apelyido din ng asawa ko ang dala ng anak nila. Naabutan ko pa po ang mga gamit ng babae at anak nya doon sa bahay na inuupahan ng asawa ko. Ngayon, sabi nya hiwalay na daw cla pero nakikipaghiwalay din siya sa akin. Ang laki po ng sahod ng pulis pero 6k lang po pinapadala nya sa amin, minsan pa 3k lang. Pwede ko ba siyang kasuhan at ipatanggal sa serbisyo bilang pulis? Or kung magdemand po ako ng financial support, saan po ba ako pwedeng lumapit? Ilang percent po ba ba talaga ang makukuha ng legal family sa salary nya? Please help po. Walang wala po talaga kami. Salamat po.
Hi atty..
Ngkahiwalay po kmi ng live in partner ko 2yrs n po..my anak po kmi isa he is 5yrs old now…sa loob po ng 2yrs n pgssma nmin..ako po lht..pero nung ngkahiwly po kmi..sa loob po ng 2urs d po cia ngbbgy ng support sa anak nmin…dhl dhln nia po ala po ciang work…pingbgyn ko po cia atty…pro ngaung pong 2018 ngkawork n po cia…ngusap kmi nung june n mgbgy po cia support 4k monthly sa anak nmn..ngstart cia ngbigy po sept 10 2018..gng october..ung nov..ngng 3k nlng po..kesyo dmi daw po nia utang..pingbgyn ko po..nung dec.nkakuha po cia 13month pero 3k po bngy jia sa anak…never nia po bnli dmit or toys…ngaun po ung mga pgbbgy nia pong un..need p po cia itx…ichat..kung kyln..pede ko po bng idaan sa legal ung pgbbgy nia..pra kcng lumlbs ngaun atty.n pinipilit ko po coa mgbgy…sa loob ng 1yr cgro kong dlwin po jia anak nia 4times…sa bhy…d ko po cia bnbwalan mgpunta sa house or hirmin nia..pro cnsbi nia na.bat daw po cia mgbbgy d nmn daw po nia makuha sa poder ko…panu ko nmn po pattglin sa poder nia..ala dn po cia dun..isa pa po pg umuuwi po cia 2x sa isang buwan…ktbi nia pinsan nia n babae sa kwarto hindi po anak nia…sabay cla mgbhs ng pinsan nia at sa isang kwarto nttulog iisang kumot…2nd cousin po cla…d po b panget pra sa bata ang gnung views atty.?help po atty..if saan po ako pede lumapit for legally support po