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.
Dear Attorney,
I am legally married to the mother of my first born but we’re separated less than a year after we had the baby. I had another son from another woman that I married also but we are not in good terms and will be be separated. I know that the marriage was null and void but the first wife didn’t bother as she is married as well. I am earning 50k here in abroad. How much is the financial support I will give to my second child who is about to go to college this opening of June 2016. Is it my obligation to support her mother as well?
Thank you
Good day atty.
Ako po ay hiwalay sa asawa ngunit kasal. Hindi po kami magkasundo sa sustento dahil masyado po ako ginigipit. Paano po kung ang standard ng nirerequest ay napakataas. Tama po ba na ang kailangan lang ng bata or ang way of living na gusto ng nanay para sa bata ang susundin. Sa ngayon po wala ako stable na income. Nakalista po ang lahat ng kailangan ng bata pero napakataas ng hinihingi nya. Anu po ang maipapayo nyo sa akin. Para pong sinasadyang mangipit. Hindi po 50/50 ang usapan mas nakakalamang po kahit na sya ngayong ang may stable na trabaho.
To whom it may concern:
I am a Filipino mother whose child was fathered by an American citizen to whom I was never legally married; however, the child was legally recognized by his father (child’s birth certificate as proof). The situation requiring legal advice is as follows: my son’s father has stopped his weekly child support payments as of two months ago. As a result, we are facing eviction and always short of food and necessities. I require legal advice on how to proceed with a lawsuit to obtain not only the missed payment but make it legally binding through a Filipino-mandated court order for him to continue paying child support for as long as it is legally required. How do I proceed? What criminal sanctions or penalties for failure to provide support can be applied? Can he be prevented from visiting the Philippines? or arrested for not paying child support when he comes to visit the Philippines?
Moreover, I want to know how much it will cost to initiate the process to achieve the said valid court order mandating the support provisions.
Please advice as soon as humanly possible, I am tired of his verbal abuse and negligent behavior which has placed his child in unsafe and intolerable living conditions.
Thank you for your time and consideration, and expecting a quick reply from you.
Good day atty……im a single mother of 11 year old child…her father abandoned us for almost 3 yearand he refused to give any support…he is living now with his mistress and i heard he has already a child to her…we are legally married…my questiond is how can i get a financial support from him even he is refusing…thnks a lot atty…hope you can help me…
I am a single parent with a son. I would like to seek financial support for my son’s schooling and everyday expenditures to his Dad. Where will I go to get something demand letter to make it legal? And how much will be the monthly allocation allowed for him(my son) who’s in grade school?
Good day po Atty, kasal po ako at may dalawang anak 9 and 10 years old napo sila, kasal po ako sa father nila 11 years na pero ngayon po 3 years napo kaming hiwalay dahil nalaman ko na yung 8 years ago na naka relasyon nya noon ay sila parin. Nag aaral po ang mga bata sa private school at nag rerent lang po kami ng apartment pero ung binibigay ng father nila ay kulang na kulang, humihiram lang po ako sa mga kapatid ko palagi. At nung last year enrollment po hindi sya nagbigay, nasa abroad po ang asawa ko at 40,000 ang sahod nya pero 7,000 lang po napupunta sa amin.May nakilala po akong lalaki at naka relasyon ko ng halos 2 taon pero nasa abroad din po siya, siya po ang nagbibigay ng mga kulang sa allowance namin, binigyan din po ako ng pera at hanggang ngayon e ginagamit p namin ng mga anak ko kahit hiwalay nakami ng naka relasyon ko. Hindi po alam ng mga tao lalo na ng aswa ko na nagka relasyon din ako.Gusto kopo sana mg report sa owwa para madagdagan ung allowance namin ng mga bata, ang tanong kolang po malalaman pa po ba ng owwa na may pera ako sa banko at makaka apekto po ba un sa reklamo ko?
Dear Sirs,
I would like to ask about the specific responsibility of parents to their unmarried children.
I have a brother in law who is over 50 years old and is still living with my father in law. He does not want to leave the house for he still think that it is my father in law’s (who by the way is almost 80 years old) responsibility to support him because he does not have a work (well he does not even exert effort to apply for work).
What I know of, the parents responsibility ends when they have fulfilled their obligation to support the children’s education and when they reached the legal age. Correct me if I’m wrong, but a father who is almost 80 years old has to support a 50 year old son ?
Does he really have the right to stay in the house ?
Please do enlighten us for my wife is really concern about my father in law.
Thanks.
Concern son in law
Hi Attorney
Gusto ko lang po itanong kung pwede ipa walang bisa ang kasal ng anak ko at ng asawa nya.20 yrs old pa lng po noon ang anak ko at 21 yung lalaki. Fake po yung pirma na ginawa nila para sa psrents doon sa kasal. Gusto na po ng anak ko na ipa annul yung kasal at maitama na po ang buhay nya. Nagkaanak po sila ng 1 babae at 1year na po ang bata. Nagaaral po ang anak ko ngayon at ganoon din yung lalaki. Kmi po ng ssawa ko ang nagaalaga sa bata. May support ba kming dapat mkuha sa lalaki na may allowance na 3500 a week galing sa msgulang nya kahit nsgaaral pa yung lalaki? Sa parents ng lalaki ay may mkukuhang support po ba ang bata. May mga business po kasi sila st may kaya po sila. Kasi mag 3 months n po ngyn since umayaw na sa asawa nya ang anak ko. Wala po silang binibigay kshit ano po para sa bata.may problem po kasi ang bata sa arms nya .hindi po nagalaw so need po nmin ipa therapy every week at dalin lagi sa doctor.if hindi po sila nagbigay ay pwede po ba kmi mag demanda? May karapatan po ba ang lalaki sa bata na hiramin sa amin ang bata kung kailan nya gusto? Sana po mabigyan nyo kmi ng advise kung ano dapat nming gawin.
Salamat po
Hi Good Day Sir,
I have a live in partner before, we are not married but we do have daughter. We seperated 3 to 4 years ago. He is a Messaman in a cargo ship. He didnt support my daughter after we seperate. What is the best action to do? I wanted him to pay for all the years he didnt support my daughter while he having another family to support in other.
Good Morning atty,
My brother is a military officer. .He is single , yet has a child with this girl. My brother is asking the girl about the child support since he is not planning to marry her. The girl is refusing to affirm about it. She really demands for a wedding in which my bother really hesitates.
According to the lady, she is not even have the plan to sign the contract or the affidavit. I would like to ask atty what else can we do that we can demand this girl to allow my brother to support the baby (1yr old now) without marrying her. How much is the required child support since my brother recognized the baby , currently paying for the educational plan and also and he build a house (pleasant) for the baby as well. We hope you can help us about this matter
can i have a sample letter of child support agreement between both parents?and how much should my husband will give to my son if his salary is 25k?
Good day! atty.
may tatlo po kaming anak ng ex-partner ko. nghiwalay po kami 2 years ago. ngayon nasa states sya mg 1 year na. may work sya doon. nasa apelyedo nya mga anak ko. tanong ko lang. kung pwede ba ako mgdemand ng support sa kanya appropriate sa needs ng mga bata. ngbibigay sya pero di sapat. dati kaya mga gastusin nung may work ako. pero ngayon wala ako work kasi nadisable ako
salamat po.
Hi,
This is just a consultation email. I am a single mom, Filipina, residing here in the Philippines. The father of my children was petitioned by his wife which is a resident of Montreal, Quebec. Canada.
We are not married but the father acknowledged paternity by signing on the birth certificate of my 2 year old son. My son is using his surname.
I just wanted to know if there are chances to seek child support even if he is already in Canada.
I am willing to file a child support case here in the Philippines.
Thank you so much.