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.

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

  1. Jeanny

    Hi Sir,

    I am Jeanny, a single mom of 2. My partner and I separated 3 years ago while I was pregnant with our 2nd child. We separated because he impregnated another woman and he’s living with that woman now. He acknowledged our first child but not the second one. He also used to support the kids with just 2k a month. For less than 2 years he inconsistently sent his suport to the kids. He also don’t visit the kids or even call to say hi or how the kids doing. Until last July 2016, he stopped sending financial support, stop replying to my messages and answering my calls (following up the child support). By the way, he is a police officer.

    My questions and concern are as follows:
    1. Can I complaint or filed a case for child abondement for the two kids?
    2. Since he did not acknowledged our second child, what if he refused to support the child?
    3. If he refused to acknowledged the second child, what should I do so I can still push for child support?
    4. Can I demand that he should add the kids as beneficiary in all his benefits?

    Please give me your inputs in this matter.

    Thank you.

    Reply
    1. Beth

      to Ms. Jeanny,
      For additional info.
      Go to camp crame Quezon city Womens division bring child birth certificate and picture together with him if you have.

      Women`s desk is the best answer for that, youre not alone on some kind of issues tel. number ยท 7255115 then request to transfer your call to womens for more information.

      Reply
  2. Junnielita

    Gd aftrnon sir…seaman po asawa ko on board xa ngaun…kasal po kami…and now we had 2 kids ..2months na po kami hiwalay…dati ung alotement ko 20,000..ngaun5000 nlng…nag aaral po anak namin tapos ung maliit may sakit …ang tanong ko po sir mka demand po ba ako ng any amount bilang suporta niya sa amin sir …wala rin po akong work…ano po ba mas mabuting gawin ko sir…
    Maraming salamat sir

    Reply
  3. Beth

    my husband is a policeman and were not living together for almost a couple of years, I have 3 kids ( 24, 12 &n13 years old) we legally married, hes now with another girl with 2 kids.

    My question are, can I demand to add financial assistance only for my 2 kids? because as of now he`s giving u Php4,000.00 a month for allowances, but since my 2 kids both going to High school next year.
    It is possible to request for additional and how much per kids just in case.

    Reply
  4. Grazel

    Atty
    Ung anak q poh may kaya ung pamilya nang tatay nya ang rasun ng parents nya walang trbho ung ama nya kc humingngi aq suporta kht konti man lng at ang sagot ng parents nya kung dq daw kaya kunin nla ung bata sb q naman wag na aq na lng kc may trbho na man aq pero hnd kalakihan ang sahod anu poh b gagawin q plz paadvice poh

    Reply
  5. Daisy

    Sir,

    I am a single parent, and my son’s father is not supporting our child since I was 5 months pregant until now, and has left us for another woman. We are unmarried, and my partner is a citizen of Sweden. How can I obtain support from him for my son?

    Reply
  6. Mil

    Hi, ano po ang pwd kong gawin meron po akong anak sa lalaking may asawa din… Pwd po ba aq magreklamo? O humingi ng suporta

    Reply
  7. Joy

    Hi po..pa help nman.na buntis po ako 2006 tapos naghiwalay kami ng papa ng baby ko ayaw kasi ng parents nya sa akin kasi IGLESIA NI KRISTO po religion nila pinapunta nila sa canada papa ng anak ko hanggang naging cetizin na cla doon.more than 6years old na po ang anak ko wla akong natanggap kahit konting sustento sa kanila hanggang nag 7 years old na ang anak ko nag support sya sa akin ng 2yers tapos pina transfer nya sa apilyedo nya ang bata after 2years na support nya wla nman natigil naman po ngayon 11 yers old na po ang anak ko ryts lng po sana ng anak ko ang gusto ko ano po maganda kung gawin
    Mag hihintay po ako sa mga sagot nyo..sana mapansin at matulungan ako..salamat

    Reply
  8. Lady M.

    Good day Attorney!
    May i inquire about the problem of my uncle.
    He is married with 1 child below 7 years old. His wife cheated on him and wanted a separation but she is demanding my uncle to support the needs of the child in her custody.
    My question is, can she really demand my uncle to support the needs of their child when in the first place she is the one who cheated with another guy?

    Reply

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