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.

419 thoughts on “Legal Support for the Child and R.A. 9262

  1. Arnold

    Hi goodeve Sir! Tanong ko lang po sana kung may laban ako sa anak ko, lahat ng pangangailangan niya ako ang nagproprovide pati allowance niya at grocery niya naiibigay ko yun ng walang palya..may daugther is only 8 years old at nasa puder ng nanay niya. Gusto po kasi ng nanay niya hindi ko na lalapitan yung anak ko pero continous dapat ang sustento ko sinisiraan din ako ng ex wife ko sa anak namin..ang ex wife ko po ay nan lalaki at sumama na sa kalaguyo niya.. may karapatan po ba akong makuha ung anak ko..salamat
    Sa ngayon mu nagbibigay pa rin ang ng supporta sa anak ko

    Reply
  2. rupert

    Hi sir good evening id like to ask about what if the mother and father is seperated but they are not married and her mother is on cavite and she is on makati. Her mother doesn’t give money as well as her father. Here’s the thing here in the makati she got a scholarship from her a church and she has a teacher who’s guiding her partially. Her teacher wants her to stay in their house because she cant pay her rent which is 1.8k her scholarship only gives her 1.3k but she didnt because she had a job offer from us that gives her a prievelage to stay at the house with things to sustain her liivng. The teacher gone mad we’d like to ask if it will be possible for her (the teacher) to issue kidnapping when her mother and father is alive and is still in touch with her

    Reply
  3. Eilene

    Hi, Gusto ko po sana humingi ng payong legal, 40 yrs. old na po ako ngayon at simula ng ipinanganak ako hindi natustusan ng tunay kong ama ang aking pangangailangan. Sa madaling sabi iniwan nya ang responsibilidad nya sa amin ng kuya ko. Ngayon nandito sya sa Pilipinas for the first time in 40 yrs. He reached out to me last Nov, 2016. Tinanggap ko sya at naging maganda ang samahan namin hanggang sa nalaman ko na meron syang pinagaaral dito na 17 yrs. old. In just a few weeks na pagkakakilala nya sa bata pinag aaral na nya samantalang ako na tunay nyang anak hindi nya pinag aral. Kahit man lang ang mga anak ko na apo nya hindi nya pinag aral para sana makabawi sya sa pagkukulang nya sa akin. Ang tanong ko po maaari po ba ako maghabol ng sustento kahit 40 yrs old na ako at may stable job? Para nalang po sana sa mga apo nya. Thank you.

    Reply
  4. jein rosh

    Goodafternoon Atty…

    I have 1 child and not married and my seaman boyfriend will not support my child…what should I do…upang makasupporta siya kay baby dahil may iba din siyang babae at yon ang pakakasalan daw niya…at may anak.din sila…8 years na kami ng boyFriend ko at ngayon palang kami nagkaroon ng anak…pls help me kung ano pong gagawin ko…

    Reply

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