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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good day po.
tanung ko lang po pwede ko ba ipadeport tatay ng anak ko hindi nagsusuporta? 3yo plng po bby ko. puro pambabae lang nmn pinagkakagastusan nya dun kaya po sana kung pede ko xa ipadeport makaganti lng po . salamat po
Hi I am grace from philippines just want to ask what I need to do to my ex fiancé, he was a us cetizen we have child she was 5 years old yes I admit that she supporting my child since then but when he got married we separated already he have a lot of stuffs saying he saying he will get my child to me becoz they don’t have child with his wife right nd he saying that if iwill not sign the paper he will cut the SUPPRT of my child he saying all the time that I’m nothing he saying that our country is poor he saying that education here in our country is not good education..now since we are not married all iwant to know what I need to do to him to continue support me child,my child have us passport she has also Philippine passport,all iwant is if he wants spend time to my daughter iwant h to visit here in our country..then he saying if idid not sign nd allow my child go in us he will cut the support..what should I need to do with that ..pls help ijust want him to visit my child here since my child is only 5years old.
Gud am po Atty… I just need an advice from u po… I’m a muslim and I’m divorced for almost 6 yrs. My x husband is police officer since we got married he never change his status from single to married worst is he never registered our children from his beneficiaries. Before nagpapadala xa ng sustento for my kids but not maintain minsan 1,3 to 5k lang hindi buwan buwan. And now he married the girl the reason behind we got divorced his live in partner for 8 yrs. He sustain all the needs of this woman even in applying at pnp there now both police officer until then hindi na xa nagpapadala sa aking mga anak although i can manage dahil guro naman po ako pero i wanted my children to have there rights sa money ng kanilang ama. Ano po ba ang marapat kong gawin lalo pat dalawa sila police malakas po silang dalawa kaysa sa amin ?
hi, i just want to ask some help and advice regarding my situation. what case can i file or is it even possible to file a case to my ex that is a british for refusing to be the father of my daughter?
Hi,
My husband and I went our separate ways. Our separation was not legalize. And even though he’s giving financial support, the amount he gave to me is not enough for the needs of my son. I know that he’s pay is more adequate. I’m also working but it is not stable yet. I’m also supporting my parents. I want to know if I can ask 60% of his salary. Thanks.
Good Day!
I am a Father of this 8 month old baby boy, i got separated for his mom 2 months ago, at first we have agreed that i can take my kid on my house whenever its possible for me to take care of him, but one day i found out she went out drinking and go home with some other guy when my child is in my house.
and now we are not with good terms about settlement for my child, i am being deprived of my parental rights for my son. so this is my problem, i cut off my child support and i am waiting for my ex to file a complaint against me coz i cant take the visitation rights she’s giving me regarding about my son. she’s offering 30 mins a day in their house like im visiting a prisoner. so please i need some advice of what should i do.
Hi,
My sister and I are both adults and married now but we grew up without knowing our father. It’s my mom and maternal family who supported us growing up. My mom didn’t get any moral or financial support from him.
My question now is, can I sue him for negligence and abandonment? I know that he is abroad now, and that he has another family somewhere in the Philippines too.
He and my mom are married by the way, that should be another cause for a different case.
Thank you!
DEAR SIR,
IM WRITING JUST TO CLEAR MY CONFUSION, MY FATHER WAS A SEAMAN AND THEY GOT MARRIED WITH MY MOM WHEN I WAS BORN THEY SEPARATE AND GO FOR A PROCESS OF ANNULMENT OUT OF MY KNOWLEDGE I AM CONFUSE. NOW IM 29 YEARS OLD SINCE BIRTH I DID NOT RECEIVE ANY SUPPORT FROM MY FATHER AND THREATEN ME THAT IF I COMPLAIN AND ASK FOR MY RIGHT THEY WILL FILE A CASE AGAIBNST ME BECAUSE IM NO LONGER INTITLE FOR ANY CLAIMS BECASUE IM NOT MINOR ANYMORE. I DONT CARE IF MY PARENTS ARE MARRIED WHAT I AM ASKING IS IT TRUE THAT I DONT HAVE ANY RIGHT FOR MY FATHER. AS PER THEM MY PARENTS WEDDING ARE NOT VALID HOW IT WILL BE BE NULL AND VOID IF THERE MARRIAGE ARE NOT LEGAL, PLEASE HELP ME I WANT TO KNOW WHAT IM GOING TO DO.
THANKS
ANGELICA
Need ko po advice 8 years na po kami ng asawa until now nag sasama kami may dalawa po ako anak simula po nag sama kmi binibigyan lang po niya ako ng 5k every 15 and 30 of the month po gusto ko po malaman ung sahod niya at comission niya alam ko po malaki sahod niya never po cya nag nigay ng payslip niya sa akin ano po pwede ko gawin salamt po
How can I file a case to the father of my daughter that didn’t support her child?