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.

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

  1. maiden

    Good Evening Sir,
    Gusto ko po sanang humingi ng 3 months pregnant now and my boyfriend doesn’t show any care or interest on our baby..mas may time pa po siya sa mga luho at mkikipagdatd sa iba. puro pangako lng po siya wala naman pong ginagawa..ano po ba ang dapat kong gawin sana matulungan ninyo ako..maraming salamat po..

  2. hinata

    Gud day poh… i have a son n my husband abandon us as like nothing.. its almost 2years his not supporting us. Or even just his son.. his a army working/assign at pagadian city.. what can I file case n where can I file for it…
    Thank you

  3. jackie


    I would like to inquire if I my daughter has a right of financial support to his father who is currently working in Canada. The father of my child and I were not married. When we learned that i was pregnant (April 2009) he does not want me to pursue my pregnancy, he resigned from the company we were working (July2009) and that was the last time i saw him. When I gave birth (Jan 2010) I learned that he was already in Singapore. Heard nothing from him despite I went to his family and left my contact with them. Only last Jan 2014 he suddenly started to have communication with me and promise that he will support our daughter. June 2014 he transferred to Canada already. He was able to send money almost 50k from April 2014-February 2015 which i used for my daughter’s tuition fee but after February 2015 i no longer hear from him until now. I dont have any idea if he is still on a working visa o already with immigrant visa in Canada. Is there a way and right to demand a support for our daughter?

  4. Kristine Charmis


    I had a boyfriend and we seperated xoz i found he ha another family. Unfortunately he got me pregnant and doesnt want to give support to my child. Im 100% sure that he is the father but when his wife knew he denied it. Can I file a case for this kind of intance.?



  5. ms.tan

    i have a 3 yr old son . my ex bf left me after 4 onths of pregnancy to my child . he doesnt claim my son as his child and did not sign the birth certificate of my son his name was not also included what shall i do he is not providing any help for the necessity of child . from my pregnancy til now he is not giving support to my child . i tried to ask him many times but he keep on ignoring me . he even block me and my son on fb so we cant track him . noe i found out that he has a partner they also had a baby about 1yr old and he is supporting the child .. what action do i need to do

  6. Jezmhin

    I just want to ask if I can demand for the farher of my son I am now pregnant 8mons. And were not married I want to seek financial assistance for my son ..what will be the necessary moves can I do to .. Plz help me..thank u

  7. Alexis

    Hi Atty,
    I wrote to ask a legal advise. I am married to a seaman almost 5 years ago and we have a child whose almost 2 years of age now. He left us when i was still pregnant with my daughter but he is supporting us 13K a month until the 5th month of my pregnancy. Then he stopped on the 6th months until I gave birth. He finished his contract Nov 2014 and out boarded a ship until October 2015. He showed up to us twice from December 2015 until April 2015 and given me only 2K last April 2015. From then on he had never give anything until I decided to sought out an advice from a lawyer and the law office sent him a letter of demand. He complied, and now he is giving 5K a month. However never had signed the compromise letter I sent him therefore there is no legal paper that may attest his support. It’s was just his own will and if in case he refuses to give I know I can’t get hold of it because there is no paper work. I know he is earning more and he can give more out of what is he giving today. Is there any percentage that I can demand from my husband? By the way another thing is, he is declaring a single status out of all his public documents. I even found out that he is declaring single in POEA every time he process his papers for working abroad. What could be the best action to do with regards to this?

  8. jenny

    Good eve atty.
    Ang problem ko po is nakabuntis po yung husband ko. Ngaun po npgkasunduan po nmin n hindi ipagamit surname ng asawa ko s bata para narin po sa ikatatahimik namin at makaiwas sa gulo. Willing naman po na mag support asawa ko sa abot ng makakaya nya.. Problema po yung girl ipinipilit po na ipagamit surname ng husband ko. My agreement nrin naman po kami through legal papers n nagsasabi n susuportahan ang bata.may laban po ba kmi n wag na ipagamit surname ng husband ko?

  9. joanna

    Hi Atty
    I am wondering how do I file or how do I process the

    I am a single parent I have a illegitimate son from my ex fiancé which is an American he has treated me to kid nap our son.
    he failed to give support to our son for his education and health insurance living cost etc.
    the American father refuse to pay child support.
    the American ex. Has been abusive to me when ever he come to visit Philippines he has beaten me ,choked me and even put a knife on my throat threatened to kill me.
    so we separated now he wants me to do a birth of abroad so he can take our son to America but I am Un welling to do so. He has threatened to kidnapped our son and he did grab our sons neck in public violently last December 2015 when he came to visit. Now my concern is that his back & the verbal abuse is back none stop and the kidnapping threats. I would like to do something or take action to protect my son and my self from the American ex and perhaps persuade him to provide financial assistance to help.

  10. Eunice

    Hi good evening! I want to ask regarding my husband in Virginia, he’s not supporting our 7 year-old daughter for over a year now. Actually he’s not been supporting us properly ever since. What shall I do to force him support our daughter? Thank you!

  11. Aika23

    Good day po
    I’m a 16 yrs. old college student and I just want to ask po if ano po yung necessary evidences/papeles na kailangan to file a case against my dad na hindi na po ulit nag bibigay ng support.
    When I was in my early age po kasi my mom is always providing everything.. Nung bago po ako grumaduate ng elementary, dun lang po siya nag paramdam ulit and his mom (my lola) told him na supportahan na ako. Yung support na yun ay consistent sa tuition but inconsistent sa allowance. Madalas din po na nag aaway kami ni daddy because pahirapan po talaga yung pag hingi minsan. Yung consistency niya sa tuition tumagal until 1st year 1st sem ng college. Now nasa 2nd sem na ako and wala na talaga. Hindi na siya macontact ulit and yun wala na atang pag-asa na magbibigay pa siya ulit.
    Yung dad ko po pala ay nasa america ngayon and syempre kung inconsistent siya sa pag support, I also doubt na ipapa-petition niya ako

  12. Cristine

    Good afternoon atty.
    I want to help my mom, regarding my father’s salary and also his support for our family. He is currently working in saudi arabia as an engineer, and his been working abroad since 2012. We are 7 children, but my father is not supportive when it comes to our education. My father only sends us 50,000 monthly as our allotment. It is seriously not suffecient for all of us and my mom doesn’t have any idea of how much is my fathers salary.
    What should we do so that my father would be honest to us and be supportive with our needs. Thank you sir!

  13. Jamie Mae

    Good Afternoon Atty.
    May anak po kami ng ex ko po at sakanya po nakapangalan ang anak namin, at dahil po graduating po sya that time na isinilang ko po ang anak ko, hindi po ako humngi ng sustento po sakanya but his parents nagbibigay po minsan ,. pero nung nakahanap na po sya ng work at isa na po syang SEAMAN pero hindi ko po alam kung anung pangalan ng company nya po,.at nag sabi po nya may ipon na daw po sya pero never pa po sya nagbigay since birth ng anak ko until she turn 4 wala pa po syang binigay ni piso po,. if he doesnt want to support his daughter atleast ma actionan ko po ang hindi nya pagsustento sa anak po nya,.. i really need help or advice po by any chance,. thank you so much , hope to hear from you soon.

    best regards,

  14. shiela

    hi po gsto ko humingi ng help 9 yrs na kc d nag susuporta ang tatay ng anak ko my anak pa kmi na my sakit my iba na cya pamilya gsto ko sana mag bgay sya ng tulong sa mga anaka namin dahil panay nlang po cya pangako at nkikita ko ung buhay nya mganda samntalang ung mga anak nya npapa bayaan nya na sana po matulungan nyo ako salmat

  15. Ada

    Good evening atty..ask klng po papa n baby from Australian acknowledge nman niya anak namin birth certificate ng perma xea.hnd po xea ng support s anak nmin.pero s anak niya iba s dito Philippines naga support xea s anak nmin po hnd.ask klang po ano dapt kng gawin para mkuha child support.


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