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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Hello Atty, I am seeking for legal advice about my children’s custody I hope you can help me. Here is my situation: I am previously married and that marriage is already annulled. Since my husband and I separation which was 4 years ago he never contacted our kids, never showed up to see our kids nor supported them financially. I do not even know his whereabouts. I have moved on from my previous relationship and I am now here in the US for 8 mos. I left my kids with my parents and I am working on getting my kids here. The problem is now that my ex found out about about my kids leaving for the US soon he now wants to get my kids from my parents and wants to stop the kids from leaving. My questions are
1. Can I stop him from getting my kids away from my parents?
2. If yes, what are the legal steps I can make to stop him given that I am outside the country.
Thank you very much for you time in reading my post atty. I really appreciate it. I hope you can help me with my problem
My helper is a single mother and she left her son in Sipalay City to work with us. She decided to let her parents get her son for better caring. Much to her surprise, the guardian is asking for monetary compensation from her or else she will not give her child to her parents. I am hoping that you can provide me an idea of what legal action we can take on this issue. Is it possible that my helper’s parents are the only ones to go there and take the kid since we are stiff in our budget for traveling.
Please advise.
good day! im a single mother and i would like to ask if its not too late to file a case to my daughters father. hes been refusing to support since she was a baby.now shes 17 and wants to ask again for financial support for her education.what happen if he refuse again? he works in
Dubai and am afraid if i file a case he goes again in Dubai. please help me…im jobless and desperate…
Good day sir,
I’m Karla Gomez, mother of Kurt Carl G. Mangilinan. I would like to ask help from you regarding support for my son from his father, Paolo D. Mangilinan. He is currently working in Palm Beach Hotel in dubai since November 2011. But he does not like to give support for his son continuesly. We are not married, he is a womanizer, and everytime we fight does not give even small amount for his son. This January2012 he sent his son 3,800 pesos, Feb2012 8,000 pesos, april 7800pesos. And currently he is not reponding to my text messages through cp and yahoomail because we are not in good terms. He told me that is salary as a lifeguard in dubai is 20,000 every month. My son is 2 year old, turning 3 this coming December 2012. I am planning to send him in school this coming june 2012, but i am not sure regarding my budget. I am currently working as a ORLS/NEURO technician in a hospital here in Manila but my salary of 14,000 pesos every month does not fit my budget for daily living. I ask support from my mother everytime I don’t have money anymore. My co-worker told me regarding my right to ask financial support for my son in the company where his father is working right now because his father doesnt like to give support for his son.
Sir, what should I do to get support for my son from his father?
I badly need financial support for my son. Hoping you can help me. Please help me. Thank you very much! God bless!
My questions are:
What is the minimum period of time the wife can file an abandonment to his husband? An instance, husband just sent an amount support to his kids just 5 months ago. Is this ground for filing an abandonment by wife?
If a wife filed a petition to his husband which is an OFW, is there any reason to hold the husband in any point of exit in the philippines if he comes back? What does the husband will do any such situation?
Can wife force the husband to give support a declared amount to which wife knows the amount of salary that the husband recieving monthly by using an attorney?
Good day Atty.
I am 22 years old and has 2 kids with my previous partner. I got pregnant when I was still 16 and we lived together for more than 2 years. When I got pregnant with my second child he found another girl who caused our separation. He has not supported us since then. He wasn’t even the one who paid for the hospital bills when i delivered my 2 kids. now he is married and has another child, he wouldn’t tell if he had already found a job. he is a licensed engineer. he refuses to give support to my kids and whenever i would ask him or his family they would tell me to give my children to them. now i have found another man and is pregnant. he told me to give my children to them otherwise he would not support them. my eldest is in already in school. i have a job but still it would be much help if he would give support especially that the kids are growing older.
my questions would be:
1. how can i ask him to support my kids when every time i ask him he would threaten me to get my children especially now that i am pregnant with another man’s child?
2. can he get custody of the kids?
3. how can i demand support without seeking a lawyer?
4. can i ask protection for my children against him and his family who wants to get them away from me?
please help me….please send your reply to my e-mail shaida.duyogan@yahoo.com…thank you very much
hi!
I’m married with a 4-yearld son. I’d like to inquire about my husband who is working abroad. Last may 2010 he got home in the Philippines but he did not come home in our place, I just only got the info from his parents that he’s already here in the Phil. This June 2012, I found out that he has other woman and they have a 1 year old child, but my husband and the mother of his 1 year old child had already broke up, so the woman brought their child to bohol( the hometown of my husband) and left the child to my husband’s parents because the mother of the child had already found his new partner. Now, in Saudi he had again another woman I don’t know if they’re living together. Since Oct 2009 he no longer give us any financial support. Oct 2011 we we’re able to talk on the phone and he broke up with me, so I asked him, why? he just told me that if we live together I will just always get hurt and he said sorry, he cannot say straight to the point. I only realize why he broke up with me when I found out that he has a 1 year old child with his other woman.
Can I file a case against my husband and his present mistress? what case should I file? What should I do in order to get financial support from my husband, my son is already in kindergarten.
I hope you can help me. More power & God bless!
Thank you.
gud day sir, i just want to ask about the case of my sister, her husband is not giving a financial support to his children. they are married. her husband have already a LIVE-IN PARTNER, my sister wants to support for the education of their chilren. thank you and good day…
magandang araw po atty. gusto ko lang po mag ask ng tulong sa inyo po sana. gusto ko po kasi magdemand ng child support sa tatay 3 anak ko. we’ve been separated po for 10 years now and i already filed an annulment last feb 2007 and decision came out last january 2010 kaya lang po un prayer namin for child support d po naka indicate sa decision. wala na po kasi ung lawyer ko and di ko po kaya kumua na ng lawyer since may financial prob na po kami ngayon. my eldest was then 4 year old, 2nd child was 3 at that time and my youngest was only a month old when he left us. kahit po singko di po sya nagsustento sa mga bata. kaya po tinulungan ako ng kapatid ko na magfile ng annulment para na rin sa child support, since dpo lumabas sa decision ang child support dko pa po inaayos until now ang finality ng annulmentt ko para somehow may hold pa din po ako tama po ba? atty,, pwede mo po ba ako tulungan ,,kailangan po ng mga bata ang sustento nya maganda naman po work nya sa dubai. may pamilya na po sya dun 3 anak at kasalukuyan buntis sa pangapat. unfair naman po para sa amin na neglect obligaxon. sampung taon na po kami nanahimik di naman po siguro masama kung maghahabol ako ng support sa kanya ngayon.
maraming salamat po atty and hope to hear from you po.
Good day sir My bestfriend has been separated from his wife for almost 5 years her wife left their son in my bestfriend custody from birth till 6 years and leave to barcelona for a living . the child grow up until 6 yrs old in my bestfriend custody without any support from the mother, then last year 6 yrs old she get the child to leave with her in barccelona then after a year the mother insisted a finnacial support from the father whos here in the phillipines …about 8k a month or any property he have , the father has no work as of now but they want the support to be imposed immediately ….for the nanny other cost they have both no new family now just separated for 5 years my quiry is
1 What is my bestfriends right fort this ?
Is there any bad intentions in the mother side because for a 6 years no support from her then she get the child and insisted any money and property from the father ?
2 Are there a chance or right to claim back the child since that was the father wanted ? to bring it back here in the philippines
What should my bestfriend should do please help
Thank you very much God Bless You