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
Good day sir, I would like a ask for assistance or a little light up in my situation now.
I am a mother with 2 years old child and 2 months old baby. Their father and I were just leave in partner and now we got separated. I would like to know how will I able to appeal for financial assistance for our two kids. What case should I file him and how will long this process would take?
I am really hoping for your positive reply or please email me in this email address mardoha21@gmail.com and Thank you.
Marra
Hi,my friend emailed me and asking for advice.And I don’t know how to answer her…
here’s her message:
“I am 34 years old and I am sick.I don’t have a job.can I ask my father who has another family(who’s living in riches) to give me support until I can stand on my own again?”
Attorney tanong ko lang po! hanggang ilang taon ang child support? pwede pa po bang mag claim ang pinsan kong 21 years old na at meron na ring syang sariling asawa at anak? kung di na magbibigay ang ina nya dahil sa 21 na nga sya at lapastangan pa sa Tita ko na nag iisang nagtataguyod sa kanya ngunit inaabuso pa rin sya at ine emotional black mail pa na wala daw syang kwentang ina! pwede na bang hindi suportahan ng Tita ko ang anak nya na isa ng adult? kasi meron na rin pong sakit ang Tita ko tapos nangungunsumi pa sa anak nya walang ginawa kundi manumbat, pinapaaral naman sya pero puro pagbubulakbol tapos niloloko pa nila Tita ko na nag iisang sumusuporta sa kanila at nagagawa pa ng anak nyang magbisyo uminom at manigarilyo. At pinapagbantaan sya na irereklamo daw sya ng abandonement! eh 21 na nga po sya eh! nakagawa na nga sya ng bata asa pa rin sa ina! winawalanghiya at inaabuso pa rin nya pinagsasalita ng kung ano anong masasakit! Yung ama po ng pinsan ko walang ginastos ni singkong duling mula ng isilang sila dahil nga po walang trabaho drug addict pa at hindi naman sila iniintinding magkakapatid noong maliit pa sila! ngayong malaki na sila ina pa rin nila ang inaasahan tapos, ang Tita ko na super bait at puro tulong sa kanila ay sumuko na rin kasi sobra na po talaga sila eh at meron na pong karamdaman ang Tita ko na kapag hindi nila tinantanan ikamamatay nya dahil may sakit sya sa puso! Sya nga pala nakalimutan ko po banggitin American Citizen na po yung Tita ko at hindi sya dual Citizen kaya ayaw na nyang umuwi sa Pilipinas kasi puro pang bablackmail lang ang ginagawa ng pamilya nya sa Pilipinas. Meron pa po bang habol sila sa Tita ko na hindi naman dual Citizen?
Note! hindi na po dual nationality ang Tita ko! American Citizen na po sya gusto ko lang pong ma confirm kung may habol pa sa kanya ang batas ng Pilipinas. kasi sa US po hanggang 16 lang at maka claim na sila ng sarili nilang benefits para makapag patuloy ng pag aaral. so ang ikinalilito lang namin hindi na sya under Philippines jurisdiction pero sobrang tanga sa batas ng ina at anak ng Tita ko na 21 years old na at panay pa rin ang pamba black mail nila sa kanya! buti sana kung Phlippine passport holder pa sya tama po ba?
I know this is a silly question pero nagyayabang ang ina ng Tita ko na kaya raw nyang ipa deport ang Tita ko kahit di na sya Filipino citizen dahil nga American citizen na sya! pwede po ba yun?
Thanks in advance!
@ Zeezee you have to go to American Embassy as he is an American. The Philippines law cannot intervene. Since you broke the relationship you cannot expect him to be nice to you again! But for the sake of your child maybe the Amrican Embassy can help you! bring your child’s passport along with the birth certificate, your marriage certificate and anything that can be useful as a proof that you are married to him. I assumed he acknowledge and signed your chlid birth certificate right? That is what you have to do in order to claim some support for your child. Good luck! 😉
Hello Atty. I hope you can help me. I just need a lawyer’s advice. I want to sue my EX-BF. Can I use RA 9262 Psychological Violence against him? For the reasons at the time when he got me pregnant he wanted me to perform abortion. He bought Cytotec in Quiapo and gave it to me then every day (last year) he always text me to ask if I already took the medicine. He said, he can’t give his name to the child because he is already married. I had so much stress from that. I didn’t agree with him. He also told me he already have another case from his previous girlfriend and also have another son. For me to keep quiet he gave financial support though not enough for my baby’s needs. I even kept it secret to my parents until now about who the father of my child is. I don’t know how to tell them. Last May, I caught him having another affair and it gave me another stress. I was so depressed and it was only 3 months after I had given birth so I was still suffering from post natal depression. It lasted till August. I even helped him to fix his marriage because his wife caught him flirting with another woman. He was trying to make me believe that If I won’t help him I would be the one who will cause his family to be broken apart. I kept my silence but it was so hard that I wanted to tell the whole world about my situation. I wanted to tell my dad about it but I’m so afraid he’ll get HIGH Blood pressure if he finds out the truth. Not until last October, I read all his conversations here on FB and I was so shocked that aside from me there were still several women he had a relationship and continuously till now. I was so devastated and so much hurt. I didn’t know what to do my heart feels heavy and I feel the anguish till now. I called him after I found out, I told him I already know the truth but he denied it. I posted it here on FB because I feel like, I’m really going crazy and I don’t know how to deal with it and tell my parents. I sent messages to his siblings telling them I can’t really bare those nasty things that their brother is doing to me. (I met his family once that made me believe he was still single.) After that he called me and told me to fix things with him? I said: “What for?”, I just want him to recognize my baby. He said, how can he support my baby if I’m going to tell the truth to his family and even to my family. He also said, by doing that I would ruin his family. His sister even called me, and said please don’t message the wife of my brother… I was shocked because I didn’t even do that. I also received a text message from him telling me that I was the reason his life is ruined and his wife trying to kill herself. He even sent me an email telling me to wait for my KARMA. He was trying to make me the VILLAIN, where in fact my poor baby and I were the victims of his evil deeds. He just want to save himself. Please give me advice. Thanks a lot!
Hello Atty. I hope you can help me. I just need a lawyer’s advice. I want to sue my EX-BF, STEVEN QUEZADA QUIDES. Can I use RA 9262 Psychological Violence against him? For the reasons at the time when he got me pregnant he wanted me to perform abortion. He bought Cytotec in Quiapo and gave it to me then every day (last year) he always text me to ask if I already took the medicine. He said, he can’t give his name to the child because he is already married. I had so much stress from that. I didn’t agree with him. He also told me he already have another case from his previous girlfriend and also have another son. For me to keep quiet he gave financial support though not enough for my baby’s needs. I even kept it secret to my parents until now about who the father of my child is. I don’t know how to tell them. Last May, I caught him having another affair and it gave me another stress. I was so depressed and it was only 3 months after I had given birth so I was still suffering from post natal depression. It lasted till August. I even helped him to fix his marriage because his wife caught him flirting with another woman. He was trying to make me believe that If I won’t help him I would be the one who will cause his family to be broken apart. I kept my silence but it was so hard that I wanted to tell the whole world about my situation. I wanted to tell my dad about it but I’m so afraid he’ll get HIGH Blood pressure if he finds out the truth. Not until last October, I read all his conversations here on FB and I was so shocked that aside from me there were still several women he had a relationship and continuously till now. I was so devastated and so much hurt. I didn’t know what to do my heart feels heavy and I feel the anguish till now. I called him after I found out, I told him I already know the truth but he denied it. I posted it here on FB because I feel like, I’m really going crazy and I don’t know how to deal with it and tell my parents. I sent messages to his siblings telling them I can’t really bare those nasty things that their brother is doing to me. (I met his family once that made me believe he was still single.) After that he called me and told me to fix things with him? I said: “What for?”, I just want him to recognize my baby. He said, how can he support my baby if I’m going to tell the truth to his family and even to my family. He also said, by doing that I would ruin his family. His sister even called me, and said please don’t message the wife of my brother… I was shocked because I didn’t even do that. I also received a text message from him telling me that I was the reason his life is ruined and his wife trying to kill herself. He even sent me an email telling me to wait for my KARMA. He was trying to make me the VILLAIN, where in fact my poor baby and I were the victims of his evil deeds. He just want to save himself. Please give me advice. Thanks a lot!
hi atty,
ako po ay isang single parent at nanganga ilangan ng inyong payong legal.humihingi po ako ng financial assistance sa ama ng anak ko nuong grade five po sya sinabi ko na sa kanya at sa naging asawa nya na hihingi ako ng financial support pag mg high school na ang anak ko at pumayag anamn sya about sa financial support ang problema po ay hindi nya tinupad ang verbal na kasunduan namin andito po ako sa manila ng tatrabaho bilang isang call center agent dalawa po kasi ang anak ko kay diko na kaya ang gastusin..hindi po kami kasal pero naka perma po sya sa birth cert ng anak namin isa po syang guro sa isang public school sa mindanao ano po ba ang gagawin ko.parang awa nyo na po payuhan nyo po ako.
email me frietzlink@yahoo.com
Hi atty. I am in Canada and was married in the Philippines for 1 year before I left few years ago. Now my ex-wife is demanding that I give her money or help her get in Canada. I could try to get her a job here but that is very difficult kahit nga mga kapatid ko di ko mahanapan ng work dito. Ngayon po, pinadalhan nya ako ng letter galing sa OWWA Family na nang hihingi ng financial support, wala po kaming anak. Ano po ba ang mangyayari sa kasong ifinile nya? Criminal case po ba RA 9262 regarding sa economic abuse if yun nga po ang magiging kaso? Uusad po ba ang case kahit wala ako sa Pinas? Maraming salamat po.
good day sir,
i am legally married to a seaman husband,we have 2 kids 17 and 15 yrs old both boys and in high school now.i am separated from my husband 12 yrs ago.from 2001 until now my kids didn’t recieve any financial support from their father,in short he abondoned his kids for 12 yrs.as far as i know,he already had 2 kids from other girl.i just want him to support his 2 kids financially but i dnt know what to do..pls sir, i need your help.i am looking forward for your immediate response regarding on this.thank you so much..God bless you.
Hi Attorney,
I would like to know if its possible to request for our HR/Accounting dept to deduct the amount of agreed child support from my husband’s salary? My company knows our situation and would like to know if this is possible. What do I need to do for him to strictly honor what we have agreed?
We’re separated, right now we’re working in the same company. We agreed that he will support my 3 kids. We made a written arrangement signed by both of us regarding the amount which he should deposit monthly in my account (as agreed) however he doesn’t follow the agreement. I have to collect personally which I despise because every time I collect we end up arguing as he doesn’t give the amount agreed. He has a concubine and 2 kids ages 3 & 2
I know he can afford to give the amount we agreed as I know how much he receive every payday plus he can maintain a car.
My point is, I just want him to prioritize the kids necessity over his necessity which I think is rightful.
I hope I can get your thought regarding my situation.
Thanks.