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.

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

  1. abused wife and kid

    hi attorney, i would like to ask if there’s a way that we can track my husband’s salary thru his monthly or yearly BIR ITR and be able to demand at least 50-70% of his salary as financial suport to our child? He refused to tell us about his employment and salary and even claimed that he’s not working though in reality he is working at a certain school but I don’t know the name of the school. Would there be a possibility that I can have the financial suport automatically deducted from his salary? and know his current salary and employment by retrieving the records of his ITR fromBIR? please help me…help us

  2. D

    A friend of mine was ousted by her husband from their home.eventually,they forged a memorandum of agreement where the husband who is a government employee agreed and consented for his employer to effect an automatic deduction of a portion of his salary in favor of the wife as spousal and child support.however,after executing the moa,the husband now refuses to the moa sufficient to have the employer automatically deduct from the husband’s salary?thank ypu

  3. lab

    good day atty,
    gusto ko lang po malaman kong pede po ako makakuha mula sa nanay ng live in partner ko ng sustento kahit po para sa bata lang nakatira po kasi sa abroad nanay ng live in partner ko. binibigyan niya po kami monthly ng budget wala po kasi trabaho asawa ko extra extra lang po sa construction. may isa po kaming anak 1 taon palang po siya gusto ko po kasi makipaghiwalay na sa asawa ko kasi palagi po kami nag aaway nagkakasakitan na rin po kami. pero ayaw po nila bigyan ng sustento yung bata kahit po sana para sa bata lang.

  4. Jona may

    Gud day!

    I just want some advice. I have 1year old baby boy and his father left us already and refuse to give financial support and deny that he was a father. I want to ask him for a financial support for my son what should I’m going to do so his father will support our son.

    He is an Indian I met him when I was working in UAE. Can I demand to him without dragging our situation to the court? Besides I don’t have enough money to file a case against the father of my son. He refuse to talk to me too.



  5. R

    hello sir,
    my wife and i seperated 6 months ago we have a 3 year old daughter. i work as a seafarer and she is in my allotment i send her $350 every month and now she is asking for $500. As she have her own job I dont think it is necesarry to increase the allotment and I honestly cannot afford it. She is now threatening me that she will file a legal case on me. can she do that? as im still giving her child support.


  6. Megan

    Good day Atty!

    I am planning to file a case against the father of my child since he is denying that the child is his. When I was on my first trimester, we had an agreement that he will support his child but now, he is not responding to any of my messages. I couldn’t reach him anymore. What are the requirements needed too file a case?

    Thank you!

  7. Siege

    Atty., umalis yung wife ko lang kasama yung 2 anak ko.Umalis lang siya ng wala lang. nagtanong siya sa woman’s desk and i need to pay 75% of all my salary. naiisip ko lang, paano naman po ako mabububay?kakaalis niya lang and hindi ko naman siya pinapaalis.wala lang pasabi.ano po bang rights ko?and tama po ba yung 75% ng buong sweldo ko?magtatrabaho lang po ako para sa kanila?

  8. jenica

    Hi atty i have a child and he is now 10yrs old his father doesnt support us were not married and now he is in jail can i get a financial support to hishism mother or brother?…

  9. Leach Marie

    I’m a sinlge mother of a son with down syndrome. Planning to file child support legally to the father as I don’t want to regularly asking him on the needs of our son. Im currently working right now with a monthly salary of 20k and he is also working with monthly salary of 50k but have other online work wherein he earns 100k+. my question is this:
    1. Have a plan to stop working and focus on the theraphy of my son but need financial support can this be put legally?
    2. Since his online work does not state in his ITR can this be also grounds for his financial support to us.
    Early intervention needs for my son is quite high so I really want to demand for a higher financial support. What will I do? Please help.

  10. jeogarzky

    good day poh seaman poh ako kauuwi q lang galing barko sa pagkat nalaman ko nalng na may kalandian ang asawa ko tapos nag hiwalay poh kami ngayon, ilan po ba dapat ang ma i sustinto sa anak namin 3yrs old pa lang po at sa annulment ano poh ba kailangan para ma approve

  11. Zab

    Good day sir,
    I single parent 1 daughter 1 year old and 2 months i just want to know if how much the legal support financial or a minimum financial support of my daughter to her father he is in qatar and he is a engineer by profesion. I know how much his income i think his support for my daughter is not enough.
    Thank you hoping to hear you soon.

  12. Nikki


    Im currently separated to my 5year live-in partner we have a 1 year old daughter, how can I assure that he will give the monthly support he’s telling me.
    I really want assurance that he will give it.

    thank you

  13. lesly

    hi im lesly po.. ask ko lang po may anak po ako sa pagka dalaga at ung apelyido po ng anak ko sa father nia din po dati po kasi hindi po kami nanghihingi ng suporta sa bata kasi po wala pa pong trabaho ung lalaki nag inquire po kasi ako before sa dswd ang sabi po pag wala pong work ung father ng bata wag ko daw po pilitin mag bigay kasi po wala nmn daw pong ibibigay ung lalaki ngaun po kasi may work na po sya sa ibang bansa bali ilang buwan na din po nung bago po sya sa ibang bansa sabi nia po mag bibigay sya sa anak namin at babawi daw po sya pero nung dumating na po ung date na sinabi nia wala nmn daw po mag hinty daw po ako ngaun po lumakad po ung isang linggo wala pa din po gang lumakad po ulit ung ilang linggo wala pa din po, nainis po ako kasi po sabi ko sknya pang aral po un ng bata kahit mag kano lang nmn po ibigay nia ok lng po pero wala pa din po… Ilang buwan na po nakalipas nag msg. po ang mama ko sa tatay ng anak ko na sinabi po na dati po hindi po sila kumikibo dahil wala po syang trabaho ngaun may work na po sya mag bigay po sya ng sustento sa anak nia hanggang ngaun po mag 3 linggo na po hindi pa po nag rereply ung tatay po ng anak ko sa msg. po ni mama sa facebook pero lagi nmn po naka online ung lalaki.. ano po ba dapt nmin gawin para magkaroon po ng sustento ung anak ko at makapag aral po ang anak ko sa susunod na taon… gusto ko din po kasi mabigay mga pangangailangan ng anak ko pero ako po kasi na nanay ng bata hirap po kami ngaun..

  14. Nicole

    Good day. I came across this forum in my search of the Child Protection Act in the Philippines. I’m hoping to receive your advice on the applicability of R.A.9262 to a US born child with Filipino born unmarried parents. My son was born in 2001 in Honolulu to a then US Green card holder mother and a Filipino father. My son has lived with me always and I’ve had full custody. We are currently living in New York and have been here since 2007. Upon my request, my son’s father provided $500/month starting a only in August 2014 which goes towards my son’s college fund. Prior to that my son’s father has not provided any financial assistance. In December 2015, the monthly allowance stopped. What legal remedies does my son, who’s now 15, have? Thank you.

  15. Ma. edelyn

    helo atty.. im edelyn from cotabato city..i just want to ask regarding for the financial support to the father of my son.. im his common law partner for almost 8 we broke we talk about to his support for his child to me..i want a written agreement but he has nothing to do.. he said to me that he will give to me allowance a week the amount of 1thou. my son in Grade-3 now..but his promise never gonna make it. but sometimes he give me 1 thou. after 2 weeks which is its not enough. i want to sue with him.. for financial assistance..what will i do sir…can you give me an advise. thanks


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