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.

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

  1. sandadanda

    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.

  2. sandadanda

    Also, even if we married how do i get a legal calculation of support from him. he claiming he having hard time giving me more money, because he has a baby to take care of, of course i told him that his problem not mines. So far only reason i am getting money is because he knows i can put him in Filipino jail and hold his passport, because i don’t get enough support and he had another baby with someone, which i want to sue him for, because it makes me sad or hurt in the heart. Anyways it dont take much to make me rich, and hardly cost him anything if he just go back to america. He also complaining he like to be able to hold and give father love to his kids, main reason he still here. But i believe if he truelly loves his kids he will go back and send lots of money. Here i only get 3 to 4k, but im sure if he in america i can atleast get maybe 50k a month, that be enough to get a house and private school, a drive for my child to school.


    gd am sir,,sir ask ko po sana kung pano po ako makakapag file ng child support sa xbf ko,,hndi po kmi kasal but we have a 4month old baby,,he refuses to support d baby now that he found someone else,,nasa washington po sya dun po sya na assign,us army po,,last time po n ngbigay sya ng pera is july 16,2011 ,nagkahiwaly po kmi nung july 20 ,he said he want paternity test frst bago sya magbigay ulit ng pera s baby,,sir lumapit na po ako s pao sv po d dw cla na accept through abroad,pano po kya un,d ko po alam kung pano gagawin ko,,hope matulungan nyu po ako,,thnks

  4. Veng

    Good evening, i have 3 grandsons, from my eldest son, who are living with their mother. Today I received a demand notice from a lawyer citing this ruling saying the the extent of responsibility to support the illegitimate children is beyond the father and is upon the grandparents as well. While we continue to send our son to school, we help him support his eldest son by sending milk, diaper and vitamins as agreed. However, in the course of 4 years, the children became 3 and we are now being slapped financial support for the 3 children.

    The notice gives us 30 days to reply and I do not know what to do.

  5. kaimi

    atty Fred,

    Good day. My husband and I are married for 7 years. We separated late last year. For 7years he didn’t get any job, or even tried to find a job since he didn’t finished college. He didn’t even want us to live separately with my mother in law. So I decided to return in my hometown together with my son, I found a job there.After a month or two, our common Friends were telling me that he is going out with someone and lived with her up to present. He only supported our son for 3 months, but right now he stopped supporting our child,knowing that he have already a job and he handles his own business. What would be the best way that I can do? thanks and god bless!

  6. itsly


    I am a single mom to 2 yr old twins, their dad left us as soon as he knew I was expecting them, during their first yr we received no support at all as well as during my entire pregnancy, not even when I gave birth and the kids were named after me, because he never showed up. I have a high paying job and am not used to the kind of living that I experienced just because he wouldn’t bother to help, He started sending 4k a month during my kids’ first birthday and sent them extras during birthdays and holidays, I can provide for my kids but the thing is I want him to fulfill his full responsibility over them, so that I can give them the lifestyle that I want and am used to. I just think 4k per month is not enough for 2 kids because I am spending 10-15k a month on them alone. I wanted him to give me half of the expenses at the very least. I need help.

  7. belle

    Hello Sir,

    I would like to inquire as to what should be the monetary support that should be given to an illegitimate child. I have a 10yr. old daughter and the father of my daughter is working abroad. I just would like to have an idea how to go about filing a case so that my daughter will get the monthly support without fail and without excuses, though the father of my daughter is giving support I want him to give it regularly and on time with no excuse, because he always gives less than what we’ve talked about and always makes an excuse that he is in debt but knowing how extravagant he lives his life, this is not an excuse for me, I would like to know how much percent should be given to my daughter as per the salary that he is earning from his job abroad that’s all and how do I go about doing it legally and in writing so that he does not have anymore excuses whenever it’s time for him to give his monthly support until his obligation to my daughter is over.

    The father of my daughter has two other children from his first wife, one who is 21 yrs. old already and one who is 16yrs. old this is just an additional detail just so you know the situation of the father of my daughter.

    Please sir, I would really appreciate it very much if you can direct me to the department who can help me on this issue.

    Please email me at

    Thanks very much!

  8. Pingback: Responsibility vs. Obligation… « Cr8tiveSoul

  9. joyceramos23

    hi sir! good day.. I’m a single mom to a 3-year old kid.. I just want to ask if it’s still possible to file a legal demand to my son’s dad regarding the support for my son? He’s been irresponsible to my son since I was pregnant. Through all these years all he gave my son is a pair of pants, shirt and a shoe and after that nothing follows.. He even used us to his mom every time he’s borrowing from his parents.. and now he’s having the lifestyle as if he never had a son ir he’s never worrying about my son’s future..I tried to ask him for support but he even said that he already lost his job but the truth is that he didn’t.. I once asked somebody about my concern.. they told me that it’ll be hard for me to prove that he’s the father since i didn’t indicate him as the father of my child to his birth certificate.. would it still be possible to demand from him for my son? what am i suppose to do regarding that legal matter.. I hope you could help me with this.. if you could please answer all of my concerns kindly email me at

    thank you very much and God bless..

  10. donna

    atty fred,
    good day!

    i have posted on your other forum.

    this time my kids education is in jeopardy.

    he took the kids and does not plan to send them to school.
    because he wanted to take them away from me and not see them.

    my concern is that one of them is graduating from elementary.

    and i can’t just let him do this because of anger.

    this is not acceptable and i can’t let him abuse my childrens right.

    please this man is insane and he can’t take care of the kids with this condition.

    what steps should i take?

    please reply soon.

    i can’t sleep eat and focus on my work because of this.

    i don’t have any idea where they are.

    please atty. fred help me?

  11. patzee

    Hi, I’m a single mom and I need an advice regarding child support.
    I would like to assert financial support from my son’s father but the thing is, we are not married.

    >how much financial support should my son get from his father (legally)?

    thanks 🙂

  12. eqpg

    R.A. 9262 is a law that tries to protect women victims of violence, however, it can also be easily abused. Its liberal construction makes the courts overlook the constitutional rights of the respondent/accused to the “presumption of innocence,” “due process of law,” “equal protection of the laws,” and “the right to be heard by himself and of counsel.” The law is also vague on what the meaning of “appropriate support” is. The rights of the father is also often violated or overlooked in cases of allegations of violence against a woman, but there is no violence against the child or children. Not all women are saints and not all men are brutes, but a simple allegation of a woman of unproven “psychological violence” immediately entitles her to a temporary protective order that includes support even if she was the one who left the conjugal home without just cause. Under the laws, a spouse who left the conjugal home without any intention of returning is not entitled to support. Yet a respondent to a protective order can not even be heard to defend himself from an “inappropriate” award for support to his spouse who left the conjugal home. The human right to the equal protection of the laws must be upheld & protected.

  13. mayhem26

    hi attorney,

    i just want to ask about child support, i am not married and the father of my child is not giving us the right proportion amount of the compensation that he is receiving. he is not paying attention to the amount that we had agreed to give us monthly.he only deposits one thousand five hundred pesos to my account as his support. he didnt even pay attention for the financial support that i am asking. what should be the right thing to do regarding this matter?

    thank you very much

  14. lhyn_1983

    good day sir!!
    im married who work in a shuttle company as a driver.with having 2kids age 8and 6 yrs old they live with me and hiwalay ako sa husband ko for more than 2yrs already.i dnt have work now im asking for support from him lumapit po ako sa isang abugado at binigyan nya po me ng latter for the company where my husband working and it send also to my husband but they ignored lawyer say i expend 30thou for a case agains my husband so i dnt have tht much money i im suffering financially problem as i dnt have work. me po.thnk u
    more power for ur program…
    god bless!!!

  15. tiffanymyangel

    dear sir,

    i’m a single parent of two boys 16 and 14 respectively. i work as a chambermaid in a hotel. my salary cannot suffice the needs of my children.
    i separated with their father 10 years ago for reasons that he is drug dependent, a womanizer and immature.
    i would like to ask your advice if are there legal actions available for me and my kids where we can ask for support.
    my knowledge is that my ex whom i am not married is still drug dependent and jobless at this time.
    is it poosible that his parents whom i know is well off can provide support?
    do i need a lawyer if ever?
    i am aware that his mother would never give anything even if she acknowledges her grandsons. me and her son lived for almost 8 years under my father’s care.
    i wouldn’t have thought about this if i can manage our finances.
    do i have something to fight for
    thank you so much for your time.


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