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.
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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,
I am a seaman..i have 2 kids in my previous live in partner..we been seperated for almost 12 years from now…she take a way the kids and bring theme to other country she get married there…i never had a chance to meet my kids then…but this aug 8 . 2016 she ask me to meet the kids after long years…and now she is asking money for the kids…im legally married now and i have 1 daughter…how much should i give. And can i file a against this person???
Good day atty..ano pomg pwde ko gawib kung ang ama ng mga anak ko ay nsskatan pag nkkita nila bagong fmily ng daddy nila..dun po sila nag stay s father dhil ayw magsustento..ano po ggwin ko?
My husband and I was separated for almost 6months, I want to ask the amount of financial support for my 6 kids, ages 17, 14, 9, 7, 4 & 2? I am in such financial difficulty right now because he only giving me 7,000/month, can I ask more?
hey Robi, hired someone to assassinate him. you can do it. Act normal, act simply and just do some extra careful.
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.
Atty..
Id like to know how i could also seek for your advice in this forum. I am in a really bad shape now. I dont know where to go and where to get help from. The father of my kid has just left for qatar. I feel like i am being psychologically harassed that i cant stop crying and thinking how to resolve our current situation that he put us through. I dont have a job because he didnt want me to work and threatening that if i work he will no longer support for our kid or just half of it which i cannot afford because i also have a kid from my former partner prior to him and she already goes to school. We are also renting. Ive been talking and begging for him to do somethinh about our current situation just to put us through til i find a job and get paid but he just keeps on saying irrational things or namimilosopo and even asking for me to send him my photos. I feel emotionally and psychologically abused and our present situation makes it worse and i feel like im close to losing my mind. I feel ill right now. He is even daring me if our law will protect me from what hes been doinh. Pls help me. What should i do?
Hi Sir, I am 20 years old and I am trying to reach out to my dad for him to assist me to pursue my college degree. I only completed 1 year in college and I am now currently working in a BPO company. He’s actually supporting me before but he’s not consistent. But right now he is not supporting me anymore for 2 years already. I keep on sending him messages in facebook but no answer. I’m actually seeing him as online 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. Thank you.
Actually I have the same concern for my son that goes to college as well. Father is in Kuwait for 16years. My children gets only 2k each per month and father is a chef for Dairy Queen Kuwait. All I want is help so that my son can finish college. He keeps on saying that it was my sons fault thats why he’s not sending him to college. He has a live in partner in Kuwait. If I could send them both to jail. Or can I? What steps do I have to do?
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.
May advice ko sayo mag usap kayo para maayos problima ninyo good advice for you
You can file for RA 9262. The Court will order the company to automatically deduct it from your husband’s salary. You will provide an account number where the support will be deducted.
Do not settle for a demand letter. It is not a debt. It is a matter of right. Go for 9262 you can find justice in filing RA9262.
What if they are already annuled and the seafarer has a new wife now. The new wife is getting everything.can she still file ra9262 for her 3 childrens support?
Hello, we are in the same boat. Have u already found a solution with this concern?
HI, good day to you sir, I’m Arnold a father of 2 kids. Me and the mother of the kids are to part ways and they are demanding 90 percent of my salary. Me and the mother are not married we had lived in for 7 years now that we’re about to part ways, is it legal that they demand so much for support and what should be the computation of my support for the kids. I have to live too. And in the event of our separation what should I do to prevent her from harassing me at work.Thanx and more power to you.
Hi.. What happened? How many recent did you gave. I am very curious. Thanks!
Hi. I need help asap. Criminal case against RA 9262 has been filed against my brother for reasons as stated: a) psychological violence (due to marital infidelity), b) insufficient support.
But would it be just to do so if, under section 7 (e,i), the wife and her family, and with threats of killing my brother, actually deprived him to have access to his children/family? As mentioned, i need help asap as their case will be heard this tuesday, January 15, 2008.
Kindly email me at:
Thank you.
I left my wife and now 2 year old son in Qatar for over a year and was transferred here in the U.A.E. reason for leaving them is that I can’t bear my wife’s attitude (always argues and fights almost everyday) towards me and at the same time found better opportunity here in the U.A.E. Since I left them, I didn’t send any financial support. I told her many times to sell my car (which she took from me) back there so she’ll have money to spend since she only wants to raise funds so she can buy VISA for my sons nanny. Now she threatens to sue me for not giving her financial support. Is there any way I could be held liable (in case she sues me) since we both live outside our home country (Philippines)???
were annulled and i have 2 kids. 9 & 11 years old, boy & a girl. there was no financial support stated at the annulment decision because that time he was unemployed but now he manage his own business.he only give things he wants which are not necessary and pays for the tuition and im providing for the rest. my kids and I were living in my parents house and my parents are helping me in taking care of the kids.We asked him to give any amount but he said that its my responsibility as the mom to take care of the children and to give the daily needs because he was already paying for the tuition fee. when he gets mad with the kids he keeps on telling them not to ask anything to him which really hurts my kids feeling. my kids are smart and are aware about their rights and wants to file a case against their dad. Now i want to know if we will file a case, are we gonna win the battle?I just want to help my children.what should i do?please help
This is regarding the irregular financial support from the father of my child.We were not married but he acknowledged my child.He signed in the acknowledgement for paternity.We’re both seafarers on the same Company & agency.last year he stopped sending money for 3 months til I made a complain to OWWA.We had an agreement that he will send $300 monthly & he was complying to his responsibility for 8 months only but now he stopped sending money again since last August 2008.what is my assurance that he will continue again sending support to my child.I’m here now in the Phils.to have a medical treatment & have no income except the allowance that im receiving from my Company.He’s now on vacation since august 2008 but he didnt even call us.I am demanding a regular support for my childs immediate needs esp.now that I cant work abroad yet because Im still under medications.I’m afraid that he might not comply again to send his support to his 2 & a half old child esp.that he is leaving soon this October 2008 for overseas employment.What are the possible things I should do?Hoping that you could help me with this problem.What should I do?Thanks so much & More power!
Good day Atty. Fred.
Ask ko lang po mula po ng pinanganak ko ang anak namin hanggang mag 18 years old ay indi po nagsusuporta ang husband ko. Ligal na sawa po ako kasal po kami sa simbahan. Sa kasalukuyan po wala na po ako ngaun trabaho kaya naisipan ko po humingi ng suporta sa husband ko para sa school tuation fee ngaun lng nman po ako humihingi dahil wala po ako trabaho ngaun kaso lng po ayaw nya magbigay ng suporta sa anak namin kahit naoospital po anak namin ayaw po nya magbigay ng pambili ng gamot. Regular po sa trabaho ang asawa ko at yung kabit lng po nya ang sinusuportahan nya. tanung ko lang po puwede ko po ba shang kasuhan or pwede pa shang makasuhan at anu kaso po puwede ikaso sa kanya if ever na puwede po dahil ilang beses na po ako humingi ng financial support po pra sa anak namin ngunit ayaw po nya magbigay sumssahod po sha ng 19k every month 3k lng nman po ang hinihingi ko every month ayaw pa po nya ibigay. Anu po ba tama kung gawin…pls help me Atty? tnx po!
Good day Atty. Fred.
i am asking for ur help regarding my husband who is new york right now. things didnt go well since his been there living for almost 5 years straight. we talked sometimes before but now there’s no way of talking to him unless i called in his office where he works. my problem is about his monthly support to our kids. we have 2 kids. my eldest is 10 and the youngest is 8 yo. they are both studying in a well known school here. i just graduated last year and i dont have any work as of now. his only giving $500 monthly for the kids . always late and never on time. he has been promoted to his current job since last year and later find out that his been living with gf there. my question is .. how can i apply for child support here since his in USA. I think that my kids deserve more. i dont want to experience begging and asking him every month for the allowance. is $500 too much for the 2 kids? actually, i dont want our situation to be like this but he pushes me to become one.. he ignores my calls..ignores my kids need/.. he didnt even call them! i am asking for any help you can give me.. all i want is to give him a lesson.. that his children should be his priority. please..please.. if you can refer me to any legal counselor who has access in the US immigration if thats where i am supposed to file my case..i am really grateful..
my kids will sure have a brighter future towards them.
hi.. Atty Fred, weve been married for 6years now..and we both have a work now.2 years of that he has no work and im the one support all the needs of our family including my pregnancy deliveries for my 2 kids and im Ceasarian Section.The catch here we live in the same roof with he’s mother and my mother in law also has a work and the thing is all the expenses we live in a apartment is shared only by me and hes mother.He never give me any single penny coz he said he’s salary is minimum wage only. Our work is in sales so every month if we reached our quota we have incentives. But unfortunately he never declares it to me. I just want to know if i can sue him for not sharing the house expenses and not giving the right amount for he’s children. How much can i get from him? Is he can be jail for this case? Who can i talk to for this kind of case?
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?
Tenks a lot sir
hi, i would like to ask for help regarding my situation right now, im a mother of a 4yrs old daughter, me and my partner are live-in only, were not married. Recently i discovered that he cheating on me and the girl is already pregnant. he decided to leave us and go with the new girl he is with. please help me if how am i going to after my and my child right, we have been abandoned, i want him to continue his support to us even if hes not with us anymore. i already accept that he abandoned me but i will not forgive him if he also abandoned his own daughter. what will i do? i want to have a legal documents that writter there that he must continue his obligation to us even if he already live to his new partner. obligation means, the child future inluding her education and food. hope you will help me with this, im also in shock right now but this is the only thing that i can do for my child.
hi atty.
hello po..ako po ay 22 buntis po ako ngaun. ung tatay po ng anak q ay isang marine..pero nag aaply palang po..ayaw po ng pamilya niya samin ng anak q..pwede po ba ako mag file ng support sa father ng anak q kahit binubuntis ko plang siya?..at san po pwede mag file
thank u po
good day sir! my name is charisse and im planning to file a case against my dad.. My mom and my dad are legally married and they seperated way back when i was still 7 years old (but prior to that they are not already in good terms because my dad went to Japan when i was 2 years old and found another woman, and from that day up to the present i havent met him yet) though we talked, but he only calls me during special occasions like my birthday, christmas, etc. Anyway i am turning 21 this Dec. can i still file a case against him? i really want to get everything that he deprived me to…
Hi, i am a single parent and the dad of my kid is not giving regular financial support for his child. The father is in HK and i am in the philippines. All i want is that the school obligations be shouldered by him, but that is not happening.. i would like to know what to do so that my son gets what he’s supposed to get and that the father be responsible for the education of the child until he finish school.
thanks. youe assistance will be highly appreaciated
Good day, Atty.
I want to deal with the problem of my husband’s inconsistent financial support. He is working as a regular employee in a semi-government company.
We have 3 schooling children- 2 of which are in college. I have to text or call him to remind him of his support every 15th and 30th of the month. Inspite of my early advise, he fails to attend to his obligation and just leave to me how to solve the problem. I end up seeking personal loans and help from our relatives.
What document should I have to legalize the process of me requiring his salary to cover the necessary aupport of around P13,000/month?
Good Day Atty.,
I am a single mother and the father has a regular work, can I file a case regarding R.A. 9262 to the father of my child.
Please reply, thank you.
Hello po atty. I am OFW may Anak po ako sa ka live in partner ko at ngaun ng hi walay kami dahil nka buntis po cya sa ibang babae. Ung x ko po may regular job as collector. Gusto ko sana mag demand sa kanya nang supporta sa anak namin. Wala po talaga cyang binigay support financially. Can I file a case against sa kanya po R.A 9262. How many percent po sa sahod Nya. Your advice and help is highly appreciated.
Hi i have a black american x boyfriend lived in california usa and now we have 1 year old son and he stopped supporting for his son and stop communicating with me and i found out that he has another girl in part of samar philippines and has a 4 year old kid there that he is supporting.. i wanna file a child support to him his working in as a marines im u.s i know his name address and some basic personal info. But my son is not bringing his last name because he left us early. But i can offer DNA test. To get child support or even punish him and deport here im philippines. I hope i get a feedback from you guys and willing to give ths details about him. Thanks