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.
sir, I have a american husband married me, and decided he not gonna bring me to america, so we separated. Now its just me and the baby, of course good thing i have her passport and birth abroad, wich im hoping to beable to use my baby to get to america or some kind of american benefits. Also , u think i can get child support from him in dollars rather then peso’s. I believe its much better to get support from american because money is big, most Filipino guys here dont make enough money to me happy. I need big house and put her in the best schools, because for her to smart she need very expensive private school. Also i know he will get big social security, any way i can get a piece of that., im sorry to be so mean, should have bring me to america, instead of leave us behind. actually he is still here, but im only getting peso’s from him, i like to force him back to america so i can make better money on him. He also had another child by accident and now that may put a dent in the small 4k i get from him. Is there anyway i can get the money he gives the other lady for her child since i am the one that is married to him.
Good day Atty.,
Im a 33 yrs old mother of two kids 14 and 11 yrs old, i would like to ask help from you. This is regarding irregular support from my childrens father. Live in po kami before sya mag work abroad last 2001 sa Sharjah UAE. Umuuwi po sya sa amin kapag end of contract n at continious naman ang support at ok ang communication parang mag asaawa na talagang kasal na lang ang kulang. 2006 ng mag work po sya sa Khartoum sudan, ok pa din po ang support at communication, sept 2008 ng malaman ng sister ko sa isang social networking na kinasal na ang tatay ng mga anak ko sa ibang babae pinay din po, kinasal po sila 2007 nang wala po akong kaalam alam… dec.2008 po umuwi sya sa amin at na confirm ko na kasal na nga sya at nangako na hindi pababayaan ang mga bata pati na din ako.. Di na nya ako pinag work kasi gusto nya ako po mismo ang mag alaga sa mga anak nya.. last 2010 nagbago na po ang lahat lagi na po late ang padala nya hanggang ngayon po 2011 delay at kulang na po ang padala nya kapag nakapagpadala na po sya ng pambayad sa bahay na hinuhulugan nya po eh wala ng kasunod, ang dahilan nya po lagi ay mahirap magpadala, mahaba ang pila at offline ang mga padalahan.. last june mother na po nya nagpadala ng pambayad ng bahay ngayon po ang problema ko hindi ko na po sya makontak sa phone at email. lagi pong bumabalik ang email ko po sa kanya… Ano po ba ang dapat kong gawin para po continious ang support nya at sapat po para sa mga anak ko.. apektado po ang tuition at pang araw araw na gastusin ng mga anak ko.. sana po matulungan nyo po ako kung ano pong hakbang ang dapat kung gawin..
dear sir’
gusto ko lang humingi ng advice kung pwede kaming ipagtabuyang mag-ina ng asawa ko sa bahay namin kung kami ay maghihiwalay..dati po kasi lagi kaming ipinagtatabuyan na umalis ng bahay namin ..suportahan na lang daw nya ang anak nya…ayaw ko pa dahil wala naman po kaming pupuntahan.
OFW po ang asawa ko at isang homosexual…tiniis ko po ng maraming taon ang ganitong situation namin…mas maraming pagkakataong nasa mga lalaki nya..para lamang di kami maghiwalay..mahal ko po sya kaya lang po nitong mga huling araw lalo po syang lumala pati kamag-anak ko, binabayaran para patulan sya…
maraming salamat po…
Good Day! I am wheng married to a man with 4 kids. i just want to know what to do because 2 kids of my husband is with us because the children wants to stay with us and the other 2 is with their mother, we are giving support to the 2 kids, since we heard and learn that the mother is living with another man a long time we just want to know if we can stop the monthly support that we are giving for the 2 child? i am the one who is really pressured about this matter… we can see that the monthly support is not the children who uses it but instead the whole family… hope you can help me asap.. thank you very much
good day sir,
im josephine I need legal advice about my concern.I was born out of wedlock. after 25 years i had found my father through facebook.He is a well off man.He is very happy that he had met me in the net.The problem arises when his legal wife is so jealous at me.Her wife wanted all the assets of my father to be given to their only daughter.I had difficulty in my educational expenses the wife of my father assume everything that all the concerns relating money matter is always in her manage but she not supportive to my school needs..all the problems should be informed first to his wife.My father cant intervene much in my case because my father is working abroad.I had difficulty in line with the support of my father.What will i do with this..what are the legal actions I need to do?? pls reply me in my email add..
josephine_cavalida@yahoo.com
im hoping for your reply ..thanks so much
Hello,
I am seeking your legal expertise in providing an open solution to a problem I have.
I am a responsible father of a young boy of 5 years. I am a british citizen and have a child with a flilipina lady. We were never married as she had never finalised her previous annulment. In the begining I provided financial and parental support for my son and her family. Now that we have broke up she is denying me my rights to see or communicate with my child. She has rejected me sending any support, gifts or any form of communication with her or my son.
I live abroad but am now married to another filipina and we have a daughter. I wish to communicate with my son and provide him with financial support so that he may have a good future, however his mother still habors ill will. I know I have joint custody rights as a father to see my son. How can I exercise them and also provide
him with the neccessary financial support if his mother is refusing to communicate? I thank you for your advice.
A responsible father
my boyfriend of 8 years is being chased by this girl who claims to have fathered her child when we broke up late last 2009. The girl told me they were not officially in a relationship but during that time they were seeing each other, she allegedly got pregnant. My boyfriend denies fathering her kid since the girl’s now ex bf was my boyfriend’s team-mate and they only broke up a week before my boyfriend and the girl hook up and possible that she was already pregnant with her ex bf when something happened to them. Her kid was born August 15, 2010, full term baby, this is only possible if baby was “made” first week of November, ( as per my OB) that time, the girl and her now ex-bf were still together, The girl admits to have hooked up with my bf during her birthday which was November 30, and another time was during my boyfriend’s birthday which is Dec 6. Not matching the time table, apparently. Now the girl is harassing my boyfriend by going to his work and sending letters to their office. We demanded for a DNA test of her kid from her to prove that the baby is actually his’, but no DNA test results as of yet, but she still wont quit demanding child support for her baby. What can we do from here? we feel that this lady is harassing us and my boyfriend’s job is being affected. She constantly sends us text messages and emails and she just wont quit. We opted not to respond to it until she proves that her kid is really my boyfriend’s. Please help on how we could stop her from harassing us. We want to battle in a diplomatic manner and as to not to make situation any worst.
Hoping for your expert advise on this matter.
Thank you and Good Day.
my boyfriend of 8 years is being chased by this girl who claims to have fathered her child when we broke up late last 2009. The girl told me they were not officially in a relationship but during that time they were seeing each other, she allegedly got pregnant. My boyfriend denies fathering her kid since the girl’s ex bf was his team-mate and they only broke up a week before they hook up and possible that she was already pregnant when something happened to them. Her kid was born August 15, 2010, full term baby, this is only possible if baby was “made” first week of November, ( as per my OB) that time, the girl and her now ex-bf were still together, The girl admits to have hooked up with my bf during her birthday which was November 30, and another time was during my boyfriend’s birthday which is Dec 6. Not matching the time table, apparently. Now the girl is harassing my boyfriend by going to his work and sending letters to their office. We demanded for a DNA test of her kid from her to prove that the baby is actually his’, but no DNA test results as of yet, but she still wont quit demanding child support for her baby. What can we do from here? we feel that this lady is harassing us and my boyfriend’s job is being affected. She constantly sends us text messages and emails and she just wont quit. We opted not to respond to it until she proves that her kid is really my boyfriend’s. Please help on how we could stop her from harassing us. We want to battle in a diplomatic manner and as to not to make situation any worst.
Hoping for your expert advise on this matter.
Thank you and Good Day.
Sir,
I have a three year old daughter and her father and I is not legally married. I would like to ask how much is the right amount that should be given for my daughter’s support. My ex partner is recently working in Saudi Arabia and just sending me about two thousand or three thousand a month. Me and my child is renting a small room for us. And i am worried because next year she will be in shool as nursery 1 and the amount he is providing us is not enough. And can i ask from DFA or OWWA for his address in case he will go home here in the philippines and comes back abroad without letting me know his location or in case he will not contact me anymore? what are my child’s rights?
Hi,
Had a few questions regarding child support in the Philippines and was wondering if anybody in your firm could help:
- Does child support end at age 21 in the Philippines? The age when a child is emancipated according to Title X in the THE CHILD AND YOUTH WELFARE CODE.
- Is there specific verbage in the law stating when one is free of the obligation to providing child support.
- Can a parent continue to request/demand child support for a child beyond the age of majority. If so, in what case(s).
I really don’t know if posting a reply here will give me any answers to my questions, but if not, it would be great if somebody could kindly direct me to resources where I may find my answers.
Kind Regards
Sir good afternoon.I just want to ask about my brothers case.He is a seaman.He met the girl in manila which is our neighbor too.In short the girl was pregnant and gave birth last year but while my brother was on board we saw that the girl bring a japanese man in their house.They accuse my brother for for not supporting the child.And they have now an agreement to our brgy.that my brother will support only but it will undergo DNA test.and they agree also and the agree was they will share the expenses for DNA.4months my brother waits for them but they dont care.Now that my brother is on board they want to file a case that they will revoke my brothers license.They can do that Atty.even they havent done the agreement.the DNA test first…?thank you so much..
Gud Day! I’m April, single mother of 3 kids. their father went to Saudi Arabia to earn money for our wedding and kids. but after 2 yrs, he didn’t go back in the Phil. I found out that she’s having an affair in one of the lady in Saudi. He stop sending money for kids financial support almost a year 1/2. Is there anything i can do for him to make sure he’ll support his 3 kids financial needs. I need your help & advice. Pls. reply…thank you!
Sir, please advise.. I am now 6 months pregnant, my boyfriend and I broke up, when I am 4 mos pregnant due to misunderstanding, I tried to settle with him and he told me, we are not meant to each other and our relationship is not working, he said also, he gonna support the baby when it is born and under his custody. He not going to support the child if it is under my custody. Do I need some legal papers to take action about this. My due date is last week of May and maybe my BF will arrive on July, he is seafarer. I conclude also,before he will arrive I may be prepare some legal action about this matter.
Pls. send me response at ruth2009_jofsw@yahoo.com
Thanking you.
hi! i just need a piece of advise.. im a 21 yr old single mom. my boyfriend and i got separated when our baby was 3 months old because of misunderstanding. right after our separation he also stop supporting the baby and because of that i need to work. but my work is not enough to support the needs of my baby.. i ask support from his parents but i need to get their pity before they can send me cash that is most of the time 1000 for a month but not consistent sometimes they will give but sometimes not and this time they refuse to give a little amount unless otherwise they dont have the baby. but i was scared to let stay my baby with them because they probably wont let it back to me and i am sure they cannot take good care of it because they were a big family and most of his siblings are young. by the way my ex boyfriend is a student at this time. how will i be able to get a specific amount of financial support from them? i dont have a money to pay for a lawyer. hope you help me with this.. and another fact the last name of my baby was the last name of my ex boyfriend and we are not married.. im looking forward for your response.. Godbless and more powers
pls. email our Senator Pia Cayetano, Senator Loren Legarda and Senator Francis Escudero.. to expedite the Senate Bill NO. 1338 this penalize Non-Payment of Child Suopport which is still pending up to know.
here is the billed filed by Sen Legarda.
PLS.. PASS..
Penalize Non-payment of Child Support
August 30, 2010
Senator Loren Legarda said that willful failure of a parent to pay child support should be punishable by Republic Act No. 7610 or the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act and Presidential Decree No. 603 as amended otherwise known as the Child and Youth Welfare Code.
Legarda filed Senate Bill No. 1338 to defend the right of the child.
The proposal is to include the willful failure to pay child support.
“Child support refers to any amount determined by a court judgement, decree or order to be due from a person for the support and maintenance of a child.”
Legarda’s bill provides that any person who willfully fails to pay child support shall be punished by prision correccional under the Revised Penal Code if such an obligation has remained unpaid for at least one year or has an outstanding amount due of Fifty Thousand Pesos (P50,000.00).
“A law punishing the willful failure to pay child support must therefore be enacted,” Legarda concluded.