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.
You may also want to read these related posts:
Indigent or Pauper Litigant: Rules in Determining Status by Atty. Fred on November 14th, 2006
Management and HR Tools by Atty. Fred on October 12th, 2006
Probationary employment by Atty. Fred on July 25th, 2006
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,
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.
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
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.