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.

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

  1. jacqueline

    Hi

    iam Jacqueline chua 33 yo, a legitimate daughter. my parents got annulled last 1997. and my dad has 2 more families. he doesn’t support me anymore. didn’t finished my studies but I would like to seek help from him but he refuse to help me in any ways.
    is there a law or what can u please advice me. cause I want to finished my college degree.

    Reply
  2. Blanche

    Ano po mabuti Kong Gawain sa husband ko n d nagsusupport s lahat ng needs namin pero may pera siya pag para sa bisyo at barkada, nag work po siya s provincial engineering office, may babaeng naghahabol n mabayaran pinalabas n utang pero nagpadala c girl ng pera kase magboyfrend sila ng asawa ko noong NSA abroad si girl, ngayon hinahabol ni girl hanggang sa opisina ang husband ko n bayaran ung pinadala niyang pera.. Anong dapat n I file Kong case against my husband for his infidelity and not supporting my family financially?

    Reply
  3. Emma

    Gudevening atty!!
    Can I ask??
    Kinasal PO kame ng aswa q s huwes kaso Lang nalamn q dipala nka rehistro may dlwa kameng Anak 10yrs na kame nag sasama may Naging other women PO sya besides me nag kaanak pa PO CLA tapos Hindi PO sya nag support SA mga ank namen ano PO legal action qng pdeng Gawin sknya about s mga ank namen sknila Ng Kabit nya s financial support at SA pekeng kasal na ginawa nya sakin

    Reply
  4. emma

    hello po Attorny…
    good day sa inyo po…hingi sana aq ng advise kung ano gagawin q sa husband q kasi hindi sya ng support sa mga anak niya…ilang taon na ang nakalipas tiniis q hirap dito sa ibang bansa nangatulong para my pakain aq sa mga anak q attorny…May work yong husband q now lng q nalaman na malaki pala sahod niya….nakiusap aq na mgbigay sya para sa mga anak niya pero tumanggi sya…kasi pagkaka alam ko meron syang ibang babai kinakasama….sana matulongon mo aq sa problema ko now..legal na asawa ako attorny at dalawang anak! tnx a lot…

    Reply
  5. sheng

    Hi attorney.. Naghiwalay po kmi ng asawa ko bago mag 1 year old yung anak namin and after ng birthday nga anak namin he’s telling me that he’s not going to support our child anymore.. meron naman po syang trabaho kaya po ako nagdedemand.. pano ko po kya xa maoobliga n magbigay ng support.. kasal po kami at ayaw ko po snang umabot p kami sa abogado, but then ayaw nia nman po mkipag cooperate. please give me advice poh.. thank you so much…

    Reply
  6. Lagertha23

    I have a foreigner friend working as a seafarer and has a daughter with his exgf in the PH. He does recognized and signed the birth certificate and definitely never fail to send his support though there were times, but not often, that he sent it late due to some circumstances in the workplace. Since he is a foreigner, his ex is controlling him to send her $150.00 or higher every other week otherwise she’ll threaten him that she’ll be reporting to immigration and have him block listed or make just any allegation she can, since she know’s PH law is always on the side of women. At times, she’ll ask for more saying, the child sick or etc. Sad to say, we have a mindset that women are weak and should always be protected but on this scenario, it’s different and nothing new. A child of not even 2yo and is getting P16K to P17K in a month and not even in school yet. Now, she said she’s earning good as Mary Kay Director but I doubt it coz she’s caught embezzling just to reach that position and was removed. My friend paid everything just for her not to be imprisoned. In this way, she would want every single expenses be shouldered by the father since he’s a foreigner and her child deserves a well off life. Is there even a law or way to protect the father side for being taken advantage by this type of people? I hope to hear that men, especially foreigners whose always taken advantage can do something to protect themselves. Thank you

    Reply
  7. jessica

    Hi , I am 10 years old and I am trying to reach out to my dad for him to assist me to pursue my studies in elementary school.i am grade 5 on june 2017. He’s actually supporting me before But since last month march 2017 till now he is not supporting me anymore for 2 months already. I keep on sending him messages in facebook but no answer. I’m actually seeing him as in yahoomail or email address but he keeps on ignoring my messages. My question is, How can I file a complain with my situation? I’m looking forward for your advice Sir/Maam..Thank you.

    Reply
  8. ca

    Sir,
    I just want to ask regarding how can i ask a financial support to my estranged husband for our 11 year ild daughter. I am working abroad for past 8 years until then he didn’t give any support. He even tried to get the custody of our child last 2013 but our child run away from him and went back to my parents house. Last year, i went home and talked to him about the financial support but he refuse saying that’s why i work abroad to support oir child needs. By the eay, she has a new wife and it’s pregnant. I just want to know what legal process i will do so He will support our child.

    Reply
  9. vess

    Gud pm po sir,
    May American bf po ako. He pregnanted me. Am 5mnth pregnant. But he ran away his obligation from me.. Coz he also pregnanted his maid.. Hes currently living now in the Philippines for 2years since he was retired. Tanong ko lang po, may karapatan po ba akng habulin xa para sa kanyang responsibilidad sa bata?

    Reply
  10. Elton

    Good Day Atty.
    Meron po ako dating ka live-in meron po kami anak. ngayon po humihingi po sya ng sustento. magkano po dapat ko ibigay. Pwd ko po bang ipaglaban ang child custody ko dahil may kinakasama po syang iba.
    Tinatakot po nila akong ipa VAWC. Tulong po naman. kung anao dapat kung gawin

    Reply
  11. Lovella

    Hello po atty. Ako po at ang asawa ko ay parehong nagtatrabaho dito sa dubai, kaya lang po tuluyan ko na syang hiniwalayan dahil di parin sya huminto sa pambabae nya, ang problema ko po kahit nong nasa pinas pa ako di consistent yong pagpapadala nya, more than a year ko na po syang hiniwalayan at more than a year narin pong di sya nagbibigay ng supporta sa dalawa naming anak, marami po syang sinasabi na kesyo nasa poder ko ang mga bata bakit sya magbibigay ng supporta at may trabaho naman ako, ilang beses ko na ring pinaliwanag sa kanya na responsibilidad nyang supportahan ang mga anak namin.

    Ngayon po nagbabakasyon sya sa pinas hinahayaan kung hiramin nya ang mga bata pero yong bunso naming anak na babae ayaw talagang sumama sa kanya, nagalit sya at pinagbantaan nya akong di nya isasauli ang anak kung panganay.

    Ano po bang dapat kung gawin, lalong lalo ng nandito ako ngayon sa dubai at ang nag aalaga sa mga anak ko ay aking kapatid at nanay ko po. Gustong gusto ko po syang sampahan ng kaso dahil sa pagbabaliwala nya sa responsibilidad nya sa mga anak ko kahit sa pag aaral nito ayaw nyang magbigay. At hanggang ngayon po ay magkakasama sila ng kabit, marami po akong pruweba dahil pinopost nila sa FB mga litrato nilang magkasama kahit saan at kahit sa pagtulog nila.

    Reply
  12. marichan

    Good Day !
    I badly need ur advise , I am single mom working abroad , i was married 15yrs ago and was separated from my ex husband 8 yrs, legally were not divorced yet ,we have 14yrs old son lives with my parents since he was 5yrs old he never send any amount of support to my son financially, physically , emotionally and Currently they live in my own house with his 2nd family .
    I would like to take my right and file him a case .

    Thanks,
    Chan

    Reply
  13. Lyn

    Sir,
    Good afternoon sir/Atty. I’m Lyn separated with in about 8yrs. since we separated to my husband he give only support to our kids just 8times. And now lately he never give anymore even I begging him to give. Our 2 children 15yrs and 14yrs old do I still can file an abondon to my husband? He has now live in partner with a child. I’m just want to ask to file a case.

    Reply
  14. Maria

    Hello atty. I would just like to know if may laban po ba ako kahit walang trabaho ung tatay ng mga bata. I have two kids, under my custody, ung tatay po nila feeling binata at suportado ng magulang niya. I am receiving goods from them, not cash, like milk and pangbaon sa school. Ilang beses ko na po sinabihan ung tatay nila na maghanap ng work kasi hirap na hirap na po ako, lalo na dalawa na po silang mag aaral this coming June. Pero parang wala lang po sa kanya, 3 years na po kaming hiwalay, pero ganito pa rin po setup hanggang ngayon. May laban po ba ako pagdinala ko to sa korte?

    Reply
  15. Debbie

    Hello po attorney. Ang asawa ko po ay nagtatrabaho sa U. S since 2004. Unfortunately nalaman ko po na may Iba na sya pamilya dun at may 4 ng anak. Nakakapagpadala po nman sya sa mga anak ko (14 & 13 years old) pero Kun kailan lang po siguro sya magkaron ng extra. Kasal po kami. Is it possible po na makakuha Ako ng child support kahit na nasa US sya. Isa po syang lineman ng isang electric company sa New Jersey.

    Reply

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