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 single mother, with 2 children. the father has left and have not supported my children all these years. he claims to be unemployed but then i found out he has kids with other women and they are all well provided. my children are now 18 and 17. and i am struggling to make ends meet specially with their education. can i seek for child support even for education for college?
Good,day I’m a daughter of chief engr.im illegitimate but he acknowledge me as a daughter,I’m so pity with my mom I’m 1 years old when they get separated for almost nine years she even bother to help my mom…so when I see my grandparents have problem with my financial aspects I ask my mom maybe I should find my dad to help us in financial matters …then I see my father in the agency and he gave me 10000 every month for my allowance but in my school ,service tuitor,and every day allowance the 10000 is almost even ..and my mom gave also share for the expenses…my father think that 10000 is enough I want to help my mom…so I’m asking this question is it true that when he on vacation the allowance cut…?I always chat or message him regarding this matter asking help but he never reply and even bother what I’m going thru ,I’m pity to my mother and my grandparents …that why is it that they the one who will do my father’s obligations..why children cannot choose the father they want to be ?I’m only 11 years old but I will study harder and to be able to help my mother and grandparents…hope you will reply to this sorry for the wrong grammar coz I’m at the school and rush to write this coz in the house no internet connection …
What if the kid lives with the father who is now married. Can he still demand for child support from the kid’s biological mother?
hi , I just want to ask if I can file a case to the father of my child, we never get married but he sign in my Childs birth certificate.. after 1 month when I gave birth to my child we don’t have any communication even he is just near our place.. since then ,. almost years now he didn’t give any support for my child. Now Im married and I want to bring my child to other country and my husband wants to adopt my daughter.He doesn’t want to sign a consent affidavit to allow my child to go with me. He is not there for 8 years.. Can I file a case Abandonment or absentee? he have a partner and 2 kids now without work.
hope you can Help me.
Gudpm..my husband is currently supporting his kid almost 50% of his salary and we already have 2 kids too..i have recently learned that the girl got pregnant..is there any changes or legalities sa child support when in fact pregnant na naman ang babae..thank you very much and more power
good day po..mag aask lang po nang advice kung anu po ung steps to follow sa pag file po nang case sa barangay po ba muna or pwedeng sa womens desk sa police station..hindi po kasi nagbibigay nang sapat na sustento ung dati kong asawa..bale..gatas ..diaper at sahod sa katapusan nang nagaalaga lang ibinibigay nia..dalawa po ang anak namin..ung panganay po nagaaral na po..ung bunso..un po ung naggagatas pala..kulang na kulang po ung support na binibigay nia knowing na ung bunso lang tlga ang nbibigyan nia ung need..ung panganay for 3 years..wala po syang naibigay….sales executive po sya nang sasakyan..may kabit din po sya at meron silang isang anak..tapos may anak pa po sya sa ex gf nia bago kami kinasal..
After i found out about my husband’s infidelity, he left us without informing his whereabouts. Even his family is denying about his whereabouts. He left us October of 2014 and didnt even bother to support even our only daughter. I didnt mind about it initially because i was working. Now i am jobless and still no knowledge of his whereabouts.
Is it abandonment?
Can i still claim for support even if its 4 years that i did not file for any?
Ttnong lng po tungkol sa ank q na menordeedad at ginalaw ng bf nya ano pob pd ikaso sa lalake menor di edad din po?
Hi attorney,
Good day. I have a question po. Can i file case or something for my child to have a financial support from his father?
question:
do i have the right to ask my husband for his financial support on previous years that he failed to do so? we are on going preceding please help me so that i have an idea. thank you..