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.
Good day!
I am on ofw and my wife had a relationship with another guy and got pregnant. Our daughter is in her mother’s custody. Can I take my daughter from my in laws custody and let her leave with my parents? My in laws has no capacity to take care of my kid and the worst part is they are using the financial assistance i gave for the kid, not in a good cause but in their vice which is gambling.
Hi Sir, Are there any truth, code, law that unmarried with kids cannot work in government offices? Or code from civil service? Pls enlighten me. Thank you
Hello sir,
Good day po!
Isa po ako OFW married for 14 years. Althought may misunderstanding po kami ng misis ko last october 2015 nag file na sya ng annulment which ni received ko po. Ask ko lang po althought matagal pa naman ang process ng annulment how much po ang legal na financial support na pwede ko ipadala sa kanya para sa 3 namin na anak?
My nephew is an illegitimate son however he was acknowledge by his father. When he is 5 months old his father had a new girlfriend and decided to separate from my sister. They were not married. How can we file a case in court on support to his son? How much are the fees in this case?
Good day sir, im seeking help or advice right now.. I am a battered wife ( not married ) dont know how to call it, me and my 6yo son are planning to leave him for good.. I just want to assure that he will support my son specially in his education, since i dont have a job yet.. I dont know where to go to get help,or ways how to,coz im not from a well known family.. I hope u will response my letter..thank u
Good day Atty.
Isa po akong ama na naghahabol noon sa anak ko for 3 years but they refuses me at nung buntis palang ang girlfriend ko po noon at pinagbabantaan nila ako. Pero tinutuloy ko pa din akng pakikisuyo sa kanila at gusto ko silang kunin pero ayaw po nila. Last June 2015 nakapasa po ako sa exam then they decided na iapelyido nila saken ang anak ko, but meron na akong bagong girlfriend and I’m planning to marry her. Napaayos ko lng Birth Certificate ng anak ko Last Sept. 24 2015 at napabinyagan ko po sya nung May 31 2016. Mag 4 years old na po ang anak ko this Nov. 19. My new Girlfriend is pregnant at yun na din ang gusto ko makasama for a lifetime pero nagstart na po sila maghabol saken. Anu po ba ang mas maganda kong gawin Atty.?
Hi!
Hi can I protect myself as a father to the financial support of my son if before they refuses/reject me. I want to be with my son before but they do not let me near at my son. The surname of my son is mine now, he was born on November 19,2012 but I register his birth certificate last Sept. 24, 2015 so late register. Verbally we talk with her(my son’s mother) parents that I will give a financial support as the basic needs of my son and they consider it. But now that I passed my Board examination and they force me to give much more and file a case against me. I’m with my new girlfriend and preparing for marriage and she is pregnant. How can I protect myself against them as a father?