Legal Support for the Child and R.A. 9262

Through all the family cases that we’ve handled, we’ve 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’s easily understandable that custody is one of the more contested issues. However, the issue on child support should not be as complicated.

Well, it shouldn’t 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, thus: (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’re 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“.

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.

97 Responses to “Legal Support for the Child and R.A. 9262”


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  1. 15 atria13 Aug 23rd, 2009 at 5:05 pm

    Hi, i am a single parent and the dad of my kid is not giving regular financial support for his child. The father is in HK and i am in the philippines. All i want is that the school obligations be shouldered by him, but that is not happening.. i would like to know what to do so that my son gets what he’s supposed to get and that the father be responsible for the education of the child until he finish school.
    thanks. youe assistance will be highly appreaciated

  2. 14 charisse Jul 14th, 2009 at 1:01 pm

    good day sir! my name is charisse and im planning to file a case against my dad.. My mom and my dad are legally married and they seperated way back when i was still 7 years old (but prior to that they are not already in good terms because my dad went to Japan when i was 2 years old and found another woman, and from that day up to the present i havent met him yet) though we talked, but he only calls me during special occasions like my birthday, christmas, etc. Anyway i am turning 21 this Dec. can i still file a case against him? i really want to get everything that he deprived me to…

  3. 13 dianne_danaya Jun 25th, 2009 at 9:47 am

    hi, i would like to ask for help regarding my situation right now, im a mother of a 4yrs old daughter, me and my partner are live-in only, were not married. Recently i discovered that he cheating on me and the girl is already pregnant. he decided to leave us and go with the new girl he is with. please help me if how am i going to after my and my child right, 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 writter there that he must continue his obligation to us even if he already live to his new partner. obligation means, the child future inluding her 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 child.

  4. 12 Mrs.Angelica Mar 24th, 2009 at 9:06 am

    hi.. Atty Fred, weve been married for 6years now..and we both have a work now.2 years of that he has no work and im the one support all the needs of our family including my pregnancy deliveries for my 2 kids and im Ceasarian Section.The catch here we live in the same roof with he’s mother and my mother in law also has a work and the thing is all the expenses we live in a apartment is shared only by me and hes mother.He never give me any single penny coz he said he’s salary is minimum wage only. Our work is in sales so every month if we reached our quota we have incentives. But unfortunately he never declares it to me. I just want to know if i can sue him for not sharing the house expenses and not giving the right amount for he’s children. How much can i get from him? Is he can be jail for this case? Who can i talk to for this kind of case?
    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?
    Tenks a lot sir

  5. 11 lonelymother Mar 9th, 2009 at 10:49 pm

    Good day Atty. Fred.
    i am asking for ur help regarding my husband who is new york right now. things didnt go well since his been there living for almost 5 years straight. we talked sometimes before but now there’s no way of talking to him unless i called in his office where he works. my problem is about his monthly support to our kids. we have 2 kids. my eldest is 10 and the youngest is 8 yo. they are both studying in a well known school here. i just graduated last year and i dont have any work as of now. his only giving $500 monthly for the kids . always late and never on time. he has been promoted to his current job since last year and later find out that his been living with gf there. my question is .. how can i apply for child support here since his in USA. I think that my kids deserve more. i dont want to experience begging and asking him every month for the allowance. is $500 too much for the 2 kids? actually, i dont want our situation to be like this but he pushes me to become one.. he ignores my calls..ignores my kids need/.. he didnt even call them! i am asking for any help you can give me.. all i want is to give him a lesson.. that his children should be his priority. please..please.. if you can refer me to any legal counselor who has access in the US immigration if thats where i am supposed to file my case..i am really grateful..
    my kids will sure have a brighter future towards them.

  6. 10 prettybambi Oct 3rd, 2008 at 7:46 am

    This is regarding the irregular financial support from the father of my child.We were not married but he acknowledged my child.He signed in the acknowledgement for paternity.We’re both seafarers on the same Company & agency.last year he stopped sending money for 3 months til I made a complain to OWWA.We had an agreement that he will send $300 monthly & he was complying to his responsibility for 8 months only but now he stopped sending money again since last August 2008.what is my assurance that he will continue again sending support to my child.I’m here now in the Phils.to have a medical treatment & have no income except the allowance that im receiving from my Company.He’s now on vacation since august 2008 but he didnt even call us.I am demanding a regular support for my childs immediate needs esp.now that I cant work abroad yet because Im still under medications.I’m afraid that he might not comply again to send his support to his 2 & a half old child esp.that he is leaving soon this October 2008 for overseas employment.What are the possible things I should do?Hoping that you could help me with this problem.What should I do?Thanks so much & More power!

  7. 9 princess fiona Apr 23rd, 2008 at 11:57 am

    were annulled and i have 2 kids. 9 & 11 years old, boy & a girl. there was no financial support stated at the annulment decision because that time he was unemployed but now he manage his own business.he only give things he wants which are not necessary and pays for the tuition and im providing for the rest. my kids and I were living in my parents house and my parents are helping me in taking care of the kids.We asked him to give any amount but he said that its my responsibility as the mom to take care of the children and to give the daily needs because he was already paying for the tuition fee. when he gets mad with the kids he keeps on telling them not to ask anything to him which really hurts my kids feeling. my kids are smart and are aware about their rights and wants to file a case against their dad. Now i want to know if we will file a case, are we gonna win the battle?I just want to help my children.what should i do?please help

  8. 8 jebol Feb 26th, 2008 at 9:43 am

    I left my wife and now 2 year old son in Qatar for over a year and was transferred here in the U.A.E. reason for leaving them is that I can’t bear my wife’s attitude (always argues and fights almost everyday) towards me and at the same time found better opportunity here in the U.A.E. Since I left them, I didn’t send any financial support. I told her many times to sell my car (which she took from me) back there so she’ll have money to spend since she only wants to raise funds so she can buy VISA for my sons nanny. Now she threatens to sue me for not giving her financial support. Is there any way I could be held liable (in case she sues me) since we both live outside our home country (Philippines)???

  9. 7 mrj4lyf Jan 12th, 2008 at 3:22 pm

    Hi. I need help asap. Criminal case against RA 9262 has been filed against my brother for reasons as stated: a) psychological violence (due to marital infidelity), b) insufficient support.

    But would it be just to do so if, under section 7 (e,i), the wife and her family, and with threats of killing my brother, actually deprived him to have access to his children/family? As mentioned, i need help asap as their case will be heard this tuesday, January 15, 2008.

    Kindly email me at: mrj4lyf@yahoo.com

    Thank you.

  10. 6 b2gs Jan 10th, 2008 at 5:48 am

    HI, good day to you sir, I’m Arnold a father of 2 kids. Me and the mother of the kids are to part ways and they are demanding 90 percent of my salary. Me and the mother are not married we had lived in for 7 years now that we’re about to part ways, is it legal that they demand so much for support and what should be the computation of my support for the kids. I have to live too. And in the event of our separation what should I do to prevent her from harassing me at work.Thanx and more power to you.

  11. 5 sinkiang May 8th, 2007 at 5:22 am

    Sir,

    I am a mother of a 3 yerar old girl. I broke up with her father while a was still 7 m0nths old pregnant with her. More than a year after I gave birth to my child, I initiated communication with the father for financial support. The father is a medical representative who now has his own family, and most probably earning around 15K a month. Now, he gives me 1,000 pesos monthly as monthly support (if we can call it support)and most of the time, he gives it late and often requests to give it in the next month. The amount is obviously not enough especially that my kid is about to go to school and I am not yet regular with my job as as admin assistant. My questions are:

    1. How can I get monthly support that is more than this amount, which would be enough for the expenses for our kid?

    2. 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?

    PLEASE HELP. YOUR ADVISES ARE VERY MUCH APPRECIATED.

  12. 4 cristy71 Mar 31st, 2007 at 12:45 pm

    Hi.. I am a wife of a police major who was abandoned two years ago..He just left w/o any reason.. Until i found out that he was with a woman who was detained in his aor for qualkified theft.. He refused to support us at that time, and refused to talk to me.. In other words , he left us like a trash..I filed a case for non support and abandonment.. We talked and i gave way.. Held the case in abeyance.. For one year he did not comply with the agreement of giving us 10,500 , what i get is only 5,000.. after a year i talked to him but still does not want to add the support saying that he is supporting his sister to school..Is this right? Until lately, i saw a womans name tattoed on his ring finger but i did not react… What shall i do?
    please help me

  13. 3 Atty. Fred Feb 7th, 2007 at 1:28 am

    Shasta, I’m sorry to hear about your situation. I really don’t know the official stand of the U.N. when it comes to this matter, so I can’t tell if writing them will merit their attention. Worst case, they will sack him, but that would not be necessarily better for everyone because he would be out of work and may not be in a position to provide any financial assistance. I suggest you approach the legal aid institutions like PAO or IBP. You could also try law shool-based legal aid, like U.P., Arrellano, etc.

    Good luck.

  14. 2 shasta Feb 6th, 2007 at 3:51 pm

    Sir,
    A blessed evening. I am married to a military officer who resigned from the AFP and now working as a permanent employee of the United Nations.

    We separated in 2002,our daughter was then 11 months and the AFP placed my daughter in an allotment scheme.For two years, we received child support from him until his resignation sometime in January 2005.

    I sought assistance from his military officers who summoned my husband to come back and provide a concrete plan of action.
    He promised to give us his resignation benefits but after he was officially resigned from the service, he backed out from our agreement.
    As I write this letter, the AFP headquarters cannot release the 50% resignation claims to us.

    He also witheld from me his whereabouts and his capacity to financially support our daughter, now 5 years old.

    A colleague of his took pity on our plight and gave the information, he now holds a permanent post as a UN employee based in Sudan. He said the rest is up to me.

    My questions would be:
    -can I write the UN about my husband’s non-support?
    - would this case merit their attention?

    I am in such financial difficulty right now and I am hoping that your answer can somehow spring some hope in me.

    My deepest gratitude,

  1. 1 Philippine e-Legal Forum » Blog Archive » Steps and Procedure in Annulment and Declaration of Nullity of Marriage Pingback on Sep 30th, 2006 at 7:03 am

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