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.
Sir
Ina po ako sa 2 anak ng aking asawa na si limuel para kasalukuyan pong hiwalay na ko sa asawa ko nasa qatar po sya ngaun gayunpaman nagbbgay naman po sya ng sustento sa dalawa yun nga lang po hindi po sapat yung binibigay nya sa dalawang bata yung unang 4(apat) na buwan 7k po bnibgay nya tapos nitong april 30, 2016 5k na lang binigay nya good for 1 month hindi po kasya yun lalot napasok po yung isang anak ko gusto ko po sana mag demand ng tamang sustento para sa mga bata salamat po mabigyan nyo po sana ako ng magandang dapat gawin….salamat
MAGANDANG HAPON ATTY.
AKO AY MAY ANAK NA 11 YEARS OLD. KAMI PO AY KASAL CIVIL ASAWA KO YEAR 2004.. PERO NAGHIWALAY PO KAMI NOONG AUGUST 2006. DAHIL NALAMAN KO NA MAY IBA NA SIYANG KINAKASAMA AT MAY ANAK NARIN SILA SA PANGALAWANG BABAE. MULA PO NOONG NAGHIWALAY KAMI WALA PO TLAGA SIYANG BINIBIGAY NA FINANCIAL SUPPORT SA ANAK NIYA NAGCOMPLAINT NA AKO SA OWWA YEAR 2011. DAHIL NASA U.A.E. SIYA NAGTATRABAHO. PERO HINDI PO SIYA NAGRESPONCED SA EMAIL NG OWWA. AT NAG TEXT LANG SIYA AT SABI AY KUNG HAHABULIN KO SIYA THE MORE RAW PO NA WALA AKONG MAKUKUHA SA KANYA. LALO NA ANG SUSTINTO SA ANAK NAMIN. TAMA PO BA ANG SINAABI NIYA? KAYA NADISMAYA PO AKO AT TUMIGIL AKO SA KAKA FOLLOW-UP. DAHIL NASAKTAN AKO SENSITIVE AT MAHINA PO AKO AKONG TAO ATTORNEY MABILIS SUMUKO. KAYA NAGTRABAHO PO AKO BILANG KASAMBAHAY DITO SA HONG KONG PARA MASUPORTAHAN KO ANG ANAK KO LALO NA ANG MAGULANG KO NA NAG ALAGA NG ANAK KO.
ANO PO BA ANG MAGANDANG GAWIN PARA MAKAPAG BIGAY SIYA NG FINANCIAL SUPORT .
AT MATAKOT SIYA AT HINDI NA NIYA TATANGIHAN ANG OBLIGASYON NIYA BILANG AMA.
SAAN PO BA PWEDI LUMAPIT AT MAKA HINGI NG TULONG DITO SA HONG KONG
MARAMING SALAMAT PO!
A pleasant day Atty.,
I’m Dyan, a mother of a 3 year old daughter.
Would like to seek for an advice, I recently found out my husband having another woman and they have one kid. I confronted him, asking who was in the picture. Actually the picture includes him, the girl and a boy. he just answered me with “uo, anak na nako!”
I and my husband were married for 8 years, and I just found out this recently that he has a son. I suppose he visit every now and then to that girl with “there child”. I honestly have no clue that my husband can keep that to me for 8 years. All the while I was being chased and fooled by him.
Right now were in still in the same roof with no communication at all however, he doesn’t sleep beside us/ together with our daughter. He usually sleeps in the sala. In which my daughter asks me more often “why papa don’t sleep with us?”. I didn’t tell her yet the story about me and her papa coz I know there will be confusions on here mind if I’ll tell him.
What should I do to gain the support of my husband? I’m planning to leave the house coz I think that’s the best thing to do. Anyway. with or without us in that house he never support us financially.
I have a work and most of the expenses (water/rent/electric/other expenses) he wants to be equally shared between us. For the grocery, I used to spend it from my own pocket. For me being paid 5-6k it’s not enough or rather won’t survive me with all my expenses for the month that’s why I used to “utang” from my friends and comes the pay day, only few remains on my pocket.
Hope to hear from you on these matter.
Thank you.
Good Eve po .
Tnong q lng po sna kung ppde ako mag file ng sapat Na sustento PRA s dlawa Kong anak . ung tatay po nila nsa Qatar . mag 2yrs. Na po kmeng hiwalay . ngbbigay naman po xa monthly kso di po sapat lalo Na po ngaun Na nanakot po xa Na bbwasan padala nya. Di po kame ksal pero naghiwlay po kme dhil s my iba Na po sya girlfriend .
Salamat po s pag sagot.