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.

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

  1. JanJan

    Can I ask the court to imprisone the father of my child? I would rather see him in jail than seeing him living free. We had an agreement years ago about the financial support but he did not comply. Just last year when he decided to give support but with difficulty in my part. For my peace of mind I really would love to see him in jail. If ever I will file a case against him how soon will this happen? Thanks.

    Reply
  2. Leilani

    The father of my son left us 8 years ago we are not married but we live together for 9 or 10 years he have his own family I have new partner my son fathe message me if he like or I he only have time he don’t support my son financially he gave money atleast twice a year like 4thousand or 6 thousand he said this coming enrollment he will give me 50 percent of my son tuition fee but until now his online on Facebook but not responding to my message what case can I file to him so he will support his son

    Reply
  3. Janice

    Hi po attorney Magandang umaga po. Ittanung ko po Sna kung meron poba karapatan Mag habol bb ko ngaun support po sa ttay nia Tga phinsylvinia po pro nsa china post sya ngaun nag stay dhel po sa trbho nia.ka ppanganak ko plang nung May 12 2018.cmula po nag Buntis ako sa Anak nmin hndi twice lng po sya nag padala ckin pro ung mommy lng po inuutusan nia padalhan Ako ng pera after that Wala na po. Halos po ako Mag makaawa 2lungan po nla ako sa gastusin sa panganganak ko pro ang cnasabi po ng mag nnay habang wla d2 DNA kung sa Anak dw ba nia ang Anak ko hndi po d2 nka ttangapin Anak ko at hndi nag ssuporta. Willing po ako ipa DNA test ang Anak nmin pro Hangang kylan poba ako Mag aantay nun.wla po ako trbho dhel bago panganak lng po ako. Halos wla ako mahhingian ng tulong nung nagkasakit anak ko lagnat. Hndi po kmi kasal attorney nag sama lng po kmi d2 sa pinas sa Clark Angeles Pampanga po. Marami nman po my alam na nag sama po kmi sa iisang bhay. Pro bkit po Gnun bkit kylangan nla sabihin hndi sa knya anak ko. Lagi ko po cnsbi ipa DNA test ntin ang bta pro Hangang ngaun po hndi nia ako kinakausap. Meron po dn sya kinakasama Chinese dun na bbae Buntis dn po 6month pregnant attorney. Anu poba Dpat ko Gawin attorney ksi hndi ko po kya ibigay sa Anak ko pangailangan nia dhel wla pa po ako trbho sa ngaun ksi bago panganak lng po ako. Anu poba Dpat ko Gawin. Sana po ma2lungan niu po ako sa mga katanungan Kong Ito attorney. Maraming Slamat po at maganda umaga po sa Inyo.

    Reply
  4. Lily

    Hi Atty. I would like to consult our situation to see how it stands in the law.

    My father had a long-time affair with a woman from his office. His mistress told him that he is the biological father of his daughter. However, the mistress is also married, and her husband accepted the child as his own and the child now carries the mistress’s husband’s last name.

    For the past 11 years, their affair has been kept a secret and the child grew up thinking that her biological father is only her ninong. The mistress (who is still working in the same company) has also been receiving financial support from my father, even though she is still married to her husband who legitimized the child and they are living under one roof as a family. It was only a few months ago when the truth was revealed to my mother and she has demanded for the affair to stop, and along with it, the support for the child to stop as well. I would like to clarify a few items:

    1. Under the law, is my father liable for providing financial support to the child considering the child is legitimized by the mistress’s husband?
    2. If not, is my mother able to make the financial support stop because of this technicality? My mother also has doubts that the child is even truly his because the mistress has remained married to her husband all throughout the affair with my father. No DNA tests have been provided because my father is convinced that it is his child.
    3. Even though my father is not working in the same company anymore, can we still file a complaint against the mistress to the company? She was my father’s direct report all throughout the affair and there was a very clear conflict of interest.
    4. When the time comes, will the child have any claims on the properties, etc. that my father owns if proven blood-related? Again, I’m going back to the fact that the child has always carried the mistress’s husband’s last name which either means she has been legitimized by the husband or adopted.

    We hope you can shed some light on our situation. Thank you.

    Reply
  5. Janice

    Hi’ I have a long story but i’ll try to make it short need for some legal advise, I have a son his turning 5 years. old. this August me and his father were not married he went to AbuDhabi to work but after a year before he went back here were still having a conversation and i think were still in a relationship even his far from us but when he arrive here in the Philippines he did not contact us or even see us after a month I’ve seen a picture on the net that he was with this girl right now his current wife,when he went back again to Abu Dhabi all he send for the support of my child was 4,000.00 pesos monthly but before then he send us atleast 10k a month there are once or twice before he send us 15k. a few days before my son birthday I tried to reach him when i contact him we’ve talk and that’s when he send me 10k and that’s it for the next month until a year he still send us 4k monthly, he only send me 5k a year ago so i’ve suffered for 3yrs. and last year my son went to school already he send me atleast a year once in a while higher than 5k, 8k then 7k and went back to 5k again till he arrived this april and finally we’ve meet me and my son I’m asking for his tuition fee for this year enrollment his kinder this up coming school year. When they met he gave his son for the first time of course a shoes he also buy him a toy and a trolleybag and before we went home he only gave me 7k, I’m asking atleast half of it and also before he promised in tagalog babawi ako sayo anak, i said to him atleast this month and for the following month send his son his support monthly like 10k or atleast higher than 5k because I can’t manage anymore I’m working but my salary is not enough to covered all mine and my son basic need and necessities. Pls. help me about my situation. thanks .

    Reply
  6. Nichole

    Pwede ko po bang itanong kung pwede ko hingan nng sustento anak ko sa father niya kahit wala siyang work at nag aaral pa siya?

    Reply
  7. celeste

    Good day! ask ko lang po if pwede po ba ko mag ask ng financial support para sa 11 yr old kong anak pero hinde ko po nilagay name nya sa birth certificate ng anak ko ?may habol po ba ko?sa tagal ng panahon di po sya nagbbigay para sa anak ko sa ngayon kase gusto ko lng naman magsupport sya s pag aaral ng anak namin

    Reply
  8. Nadine

    Hi attorney,
    Hihinge po sna aq ng advice.. yun po date ko asawa. Eh my pamilya na Hindi pa po Kmi divorce, I’m still fixing it. My anak Kmi At 10 years old na, nsa knya dahil s knya sumama, noon pinapili nmn 7 years old xa. Na brainwash po kc ng Family ng Guy. Kung Ano Ano po paninira ang ginwa nila tungkol skin. Kung tutuusin nsa hongkong plang po aq ng 2012-2013 my babae nxa Habang ako panay padala At xa npka tamad At puro higa lng ang gingawa. Hanggang nahuli ko na nga po pero pinatwad ko dhil sa anak ko At naki usap ang anak ko don muna xa tumira sa bahy nmn na ako ngpagawa sa bakuran ng biyenenan ko(Pero di po bayad un lupa nila). Panay prin po ang padala ko sa knya sa buong akala ko hiwalay n cla ng kabit nya un pla ay Hindi pa. Hanggang ngdecide nko humiwaly. Pero Di nya po un matanggap At pilit nya po aq pinbblik s knya, kaya ang ginwa ko po ng bf po aq just to make him stop. Kc sinabi nya skin once na tikman dw aq ng iba di nxa babalik. Pero nun nalaman nya pupunta nko Canada ngppilit na nmn xa bumlik gang umabot n Kmi sa barangay, dswd At laht don my kamaganak cla. tinanggi nya Wla dw xa babae Pero ang Totoo buntis na pla un babae gusto nya lng ng pera ko. At ginamit nya yun bata para xa ang piliin at samahan ng mgkapera xa. Skin lng po ngyon ngppdla ko sa magulng ko ng pera pra sa mga damit At needs ng anak ko sa school. Pero ang gusto ng Guy sa knya pumatak un pera padala ko. Hindi nmn po pede dahil my pamilya nxa na nakatira sa bahy na aq ngpgwa. At dalwa na anak nya. Ayaw nmn nya ibgy un bata At pinagbbwalan pa mkausp ang pamilya ko At ako. Ilan needs na ko lumapit noon sa dswd para mabawi un bata kht andto nako sa Canada dhil nppbyaan lng nmn, Hindi nkkpsok sa school kc Wla dw baon. Ang mga damit sira-sira. Kase sinbi skin ng dswd na pg my dinala dw babae un guy sa bahy namin sila daw mismo mgddala ng anak ko sa pamilya ko. Pero Wla silang ginawa.. ngayon alam ko lason na lason na isip ng anak ko At 10 years old nxa Di ko po alm Kung pede Ko pa xa makuwa. Pls advice po. Slamat

    Reply
  9. Mary

    Good day!

    Is it possible to sue the mother for neglecting her children?

    My brother and his x-gf had two kids, and she left them both to my moms care. My mom is old and they dont have direct source of income. My brother works full time and providing for his kids, but the mother is living a nice life by herself somewhere. I see all her posts in facebook, eating out with her friends, trips here and there with hashtag “single”, and it infuriates me more. She’s a call center QA, and they get paid enough for her to take care of her kids. This is also not the first time. She had another kid with another man. She also left that child to the fathers care.

    Im trying to avoid the scenario wherein, my mom would continue taking care of those kids and she comes back later when the kids are able and useful. Itll be easier for her to take them since shes the mother.

    I want her to take her kids since shes the mother. If she wont do it, i want to sue her, and we’ll keep the kids legally so she dont see them again.

    Reply
  10. Martancob

    Good morning po.. My live in partner leave us after i got pregnant.. Don’t know what to do?? But I know where he works.. Hope you can help me thanks in advance..

    Reply
  11. Charmayne

    Can I still get suport to my father? I am already 26, and he is not married to my mom. Though I have some evidence that she is my father through conversations. Thanks

    Reply
  12. Jihye

    Hi, I have a son from a previous relationship. He’s now married to another woman but no child yet and is now working in Japan. Our son is in 6th grade and studying in a private school. He sent money to his brother amounting 3,500 pesos only last May. We have met in IGDD Davao for his support for 2,500 per month 5 years ago. I’m working part time as of this time. Can I oblige him to send monthly support and as well as an increase?

    Reply
  13. Jocefhel

    Hi, Im separated with my husband for almost 8 yrs. now. hes anyway been supporting our daughter only when he wants and how much he wants to give. recently he filed an annulment petition which I approved since we were already living in partways. however, i just want to ask some advice on how much should i demand from him since he is a seafarer. Thank you and more power

    Reply
  14. daenys

    Hi we are not married but we have 3 kids, ang hirap niya kausapin whent it comes sa sustento. Pwede ko ba siya ipakulong or what do i need to do.. Thanks

    Reply
  15. Inna

    Pa help naman po
    I
    My husband is an employee at LGU. We have 2 children and were married for 9years. Hindi nya po kami bnibigyan allowance. Ung sweldo nya ay sa kanya lang napupunta. We live together sa byenan ko. Ang nag susupport po sa amin at s mga bata ay ang mother ko for allowance and ang mother nya para s food, shelter, etc. Sinasabi nya lagi na narami sya bayarin. Utang po sya ng utang para sa nonsense n mga bagay. Pang inom , pang yosi, pang sugal at pambili ng mga sapatos at tsinelas. Paano naman po kami? Hindi naman forever nandyan ang mga nanay namin para sumoporta. Hindi ba para sa mga anak nya kaya nag ttrabaho sya? Pag po kasi kinausap sya. Ay galit pa sya. Pa help naman po

    Reply

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