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. Emma

    I don’t know if I write in a right place regarding my question and I’m so sorry for my ignorance but wanted to ask some questions pls regarding a child support came from the father coz I have a british partner for 7 yrs and we’re separate last Feb. At this year,2018 due that she found younger than me and now they stay also here in the Philippines but he stop giving the support coz he wants to take our car and half of the property( farm land,2 hectares and a piggery which maybe more than a million only the building) coz he said that it is more than enough for our child to survive but I am not working coz he stop me from working for a long time and now I am 41 yrs old and difficult to find a job. But farm is harvesting every 4 months so what about the necessities that are needed in the school most especially she’s still drinking milk coz she’s only( my daughter) is 4 yrs old.
    Do I have the rights to file a case regarding the support of our child coz his salary is more or less a million for every month. And how much can I ask for my child support???

    Reply
  2. kate

    ask ko lng po kasali po ba sa criminal law na habang buntis pa lng eh hindi na nag susustento, even sa check ups ultrasound and all? thank ypu

    Reply
  3. Fey

    2011 Nagkaroon po ako ng dalawang anak sa boyfriend ko tapos iniwanan po kami mga 5months palang ang kambal at hindi na po siya nagparamdam. Nitong 7yrs old na ang mga bata doon na siya nagparamdam ulit ngbibigay ng pera minsanan kung birthday o pasko lang .ano po bang maganda kung gawin?wala o matinong supporta sa mga bata

    My kinakasama na ulit siya at may dalawang anak na din pero hindi rin sila nakakasal

    Reply
  4. Mythought

    In a case wherein the father of the child is under 18 yrs old and yet studying under the expense of his parents that no financial support is being provided by him to the child, is the parent of the father’s side is obliged to give the necessary support to their grandchild financially?

    Reply
  5. Arnod

    Hi! Im a single Dad with 3 kids with different mom..My eldest is now 18 years old and we are separated with her Mom for 6 years . I have no issues about my 2 children cos their moms agreed to stay in our house and provide them the basic needs and rights on my own pocket. My problem now is about my 4 years old daughter which i took care of her since she was 1year old unti 3 1/2 years while her mom go back to United States for work. Our communication with her Mom within six months was really fine, in fact she send money for our daughters need since my business is lossing and even closed it. Apparently things went wrong on succeeding month she seldom communicate with us and even on special ocassion like bday ,christmas and new year she never bother to greet our daughter and also stop her support. Finacial support from her is not a big deal since its my responsibilty to provide my daughters need no matter how hard it is. When she arrived last May 13,2018 she took our daughter with her and agreed every weekend ile fetch her and stay with me in our house.I thought she was sincere on what we agreed cos she allow me to get my daughter for the first and the last time. She keeps on sending me messeges asking for money to support for our daughter . And if call her she wont answer my calls ,cos i want to discuss with her if how much amount? Until now she dont answer my calls instead she threathen me if i cud not give her the money she demanded icant see my daughter again.She even txted me that her new american bf will be the new father of our daughter ..By the way that american is also the father of her newly born child.. pls help me what to do.. tnx

    Reply
  6. richelle

    hi tanong ko lang po kung mag kano po ba ang dapat na isupport ng isang tatay sa kanyang anak ?
    sa case ko po kasi minimum wage po salary ng mga tatay ng anak q , pero may isa na siyang anak sa partner niya ngaun at isa din sakin ..
    paano po ang magiging support niya

    Reply
  7. Jac

    Hi…

    I just want to consult out situation… Its been four years since we broke up, we are not married but the thing is we have a kid, she’s 6 years old now… me and my boyfriend are still okay when she’s 1 and half years. That time he’s still supporting her financially…but after we broke up he stopped everything….I just want to know what I will do to ask him to support my child?

    Reply
  8. mark

    Hi. I would like to ask. The mother of my daughter and I was separated for almost a year now. but I never stopped giving support to my 6 year old daughter. She keeps harassing me to give what the amount she wants. I cannot do anything. Actually I have my new partner now and she demands nothing and she wants to fix first the issue about my daughter. She is supporting me in this fight. I’m an OFW, does she has the rights to harass me if I fail to to met the amount she wants. She is overall demanding a 60% of my gross income monthly. I would like to ask is it legal for her to harass me that way and would it be possible that not only the father will support his child or children? A mother needs to support too right? hope someone can give me advise. Thank you!

    Reply
  9. Kathy

    Good morning. I have a question regarding legitimated child. Isn’t it when you say legitimated both parents have to be biological? The case is, my husband had a daughter from his previous relationship. Things did not work so well and they separated. The woman tried to hide her daughter away from my husband and has not seen her in more than 10 years. Recently, we found out she was legitimated through subsequent marriage of her mom and another man. She soon talked to her daughter when she was 15 years old and was demanding financial support from him. Another question, does my husband have legal responsibilities over her daughter when she’s already legitimated by his step dad? I know it was fraudulent of them to do that because in my readings the proper process was for the step dad to adopt the child because he is not the biological dad..

    Reply
  10. Abigail

    Good day,

    I’m Ms. Abigail Gobaton.. A registered nurse here in the Philippines. I have with me my nephew who just abandoned by his Japanese father. His father has his own company in japan and he has also a property here in the Philippines. His property is one of the condo here in pasay. How can my nephew get what he deserves? Pls. Help us.. We have all the documents to justify that this is all true.. We just need to secure the future of my nephew.

    Thank you and regards.

    Reply
  11. Jovy

    Good morning

    I am 6 months pregnant with a seafarer man right now but he is a married man.He promised me that he would support me during my pregnancy until my baby will born but he never contacted me.I saw him online on the chatting sites but he never send me message,Do i have the right to file a complaint against him even if i am just a mistress.He doesn’t have a child,this will be his first child.Please give me an advice about my concern.
    Thank you.

    Reply
  12. Jackie

    Hello po? Pa help po. Pano po king yung anak ko ayaw na po umuwi sa ama nya? Pero yung ama ayaw na dn po mgbgay ng allowance dhil ayaw umwi ng bata. Hndi na po sya ngrereply s twag at txt ko. Gusto k lng po sana mag complain. Ano po b mga kelangn ko gwin pra maidaan sa legal? pra hndi na dn po nmen lage pag aawayan tungkol sa suporta sa anak nya. at gsto ko dn po alamin kung ano po mga dpat na ibigay na suporta sa bata. Sana matulugan nyo po ako. Thanks po?

    Reply
  13. Aubrey

    Hi, I have been separated from my partner for like 8 years now and he has never did give anything to support his legal child with me. I wanna file a case and get reimbursed for the years that he did not give support. I need help. Thank you in advance.

    Reply
  14. Duchess

    1st yr college pa lang po ang anak ko and she just turned 18 last July. Ang tanong ko po ay kung may karapatan pa ba humingi/sustentuhan ng tatay ang anak namin?

    Reply
  15. Rosana

    Hi. Itatanong ko lng po kung ano ang dpt kung gwin kc km po ay hiwalay n ng asw ko pero wl pa po km pirmahan n hiwlay n km… Minsan ayw ny magbgay ng financial support s mga anak ny marami syang reklamo 3 po anak nmn at ns abroad po sy nag work… Meron syang anak s iba 1.ano po ang pwd ko ereklamo s kanya pr makakuha ng tamang sustento ang 3 anak ko.?

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.