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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, i would like to ask for help regarding my situation right now, im a mother of a 5yrs old son and a 3 months old baby, me and my partner are live-in only, were not married., we have been abandoned, i want him to continue his support to us even if hes not with us anymore. i already accept that he abandoned me but i will not forgive him if he also abandoned his own daughter. what will i do?
i want to have a legal documents that written there that he must continue his obligation to us even if he already live to his new partner. obligation means, the child future including their education and food. hope you will help me with this, im also in shock right now but this is the only thing that i can do for my children.
Do we have laws wherein the financial support would be automatically deducted from his Monthly salary? This is to make sure the child gets it every month, without me having to meet the father every now and then.
3. Can I seek for his financial support without having to go to a lawyer? I am avoiding conflict with him that might affect our relationship with the kid in the future. How bout a DEMAND LetTer? What is it and what legal claims should I put in there?
4. If I am going to file a case, what is the estimate expenses for all the fees I need to pay? What case should I file?
i would gladly appreciate if you help me regarding this matter especially about the Demand Letter.
Hi Atty,
I was married Feb 2012. I am current working here in Saudi Arabia. I have a 8 month old daughter. I planning to leave my wife because i can’t bear with her attitude anymore. I am not comfortable with relationship anymore especially I am working abroad. My question is this, how much will i send for my monthly allotment for my daughter?
Will i win the custody of my daughter?
sir,
good eve, just like to ask.im about to get married to a man who has a 7 year old daughter.Can i know to what extent should he give for support and what should be covered in it?
thank you!
hi im a single mom with three kids…i have lived in partner before but he cheated on me last year…we are not together now but when he came back from singapore last july we talked about his support to my kids that he will give but since march up to now on this year he doesnt give any support…what will i do since he was now in singapore and he is working in other company now…all i want is support for my three kids who were still young…thank you and godbless
Good day sir! Let’s leave my name as jpj. I would like to consult my issue. Let me start with being a father of one. One of four of hers. Which I was not aware of before. It’s kind of confusing but let me rephrase it, she has four children, one is mine, the others, I was not aware of, before. She kept it from me. We are not married. We lived together for only two years. Can she sue me for Abandonment?
I can say I regularly give food as well as monetary support to her but with the set up, I really cannot say to where the support goes, is it to my child or not. At first, I did not care. As long as I was able to give and provide for my child. Now, she is asking for more, since two of her other kids are also studying.
Each child is of a different father, all of which I do not know the whereabouts. Sometimes, things get rough and I also have difficulties providing for my young. If I cannot give, she threatens to report me to the authorities. All my personal belongings are either sold or pawned. Do we have computation for monetary support?
I cannot take it anymore. One more thing, the fiscal as well as the public attorney’s office in their town is I believe a relative of hers. I have asked her to give the child to me but she insisted and stated that the child will stay with her. The problem is, she cannot provide any information to where she uses the monetary support that I was giving her. Maybe, and maybe, for the allowance of her other kids. Can she sue me for nonsupport?
I am starting not to think right. Maybe someday, I’ll just disappear and never be heard of. Any advise? Thank you and have a great day! God bless!
Hi,
Just want to know what happened to you case. Based on your statement that woman wants you to support her children from other men too.
I just hope you were able to get a good lawyer.
Regards,
sir may tanong po ako about sa child support, hindi po kasi kami sinusuportahan ng ama namin since 4 yrs old ako seaman po siya at kasal napo sa ibang babae mag 21 na po ako ngayon darating na october at ang kapatin ko po ay 19 college student po ako at hindi pa tapos may habol pa po ba kami sakanya?
Good day Sir/Ma’am!
I just wanna ask if what will be the possible cases that i must file against my father. We are 3 siblings, he left us since I am six years old. I am the eldest son. He left us together with my mother and my younger brother. He also took my youngest sister. My mother never did anything to get my younger sister back. I am already 21 years old. Untill now we never get any support coming from my father. Now that I found out that he got his own family now and they gol already a child. I am afraid that my younger sister there will also be abandon by him. Please help me, cause i dont know what case should i file against him.
Thank you.
Parents is the one who are responsible for their children. The parents must fill all the needs of a child especially in educational support,because children have rights to go to school.The needs of shelter,clothes, proper foods,moral support, financial support must give.
Jennifer Monterey
Contributor: http://www.ourhappyschool.com
Hi, i just gave birth 6weeks ago, but a month before that me and my boyfriend broke up because he is physically abusive at times, has uncontrollable temper, abusive alcohol habit and cheated on me so many times. He is a an ex-army, an american and currently jobless but through the help of his family and by selling some of his belongings in US he was able to stay here for almost 4 months now by paying visa extensions every month. He is living with his friend after we broke up since i own the apartment and kicked him out. My concern is, is it possible to oblige him of child support cuz im currently jobless too and my savings is getting low, i had been the one paying/buying my necessities from the beginning of my pregnancy. Now that our child is here he is helping me in providing the child’s necessities because i have ti inform him everytime of what’s need to buy, but i am not comfortable with the arrangement since there are always random errands to do and i cant just text him everytime since the last time i was ignored. I want the best for my child and a monthly child support is a big assurance. Please help. TIA.
PS. Our child was named after him, and he threatened me many times to get our child from me through US laws, and even accused me that i am not right mentally which he used against me because he couldnt find e any wrongs, he is trying to be defensive.