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.
@ Zeezee you have to go to American Embassy as he is an American. The Philippines law cannot intervene. Since you broke the relationship you cannot expect him to be nice to you again! But for the sake of your child maybe the Amrican Embassy can help you! bring your child’s passport along with the birth certificate, your marriage certificate and anything that can be useful as a proof that you are married to him. I assumed he acknowledge and signed your chlid birth certificate right? That is what you have to do in order to claim some support for your child. Good luck! 😉
Hello Atty. I hope you can help me. I just need a lawyer’s advice. I want to sue my EX-BF. Can I use RA 9262 Psychological Violence against him? For the reasons at the time when he got me pregnant he wanted me to perform abortion. He bought Cytotec in Quiapo and gave it to me then every day (last year) he always text me to ask if I already took the medicine. He said, he can’t give his name to the child because he is already married. I had so much stress from that. I didn’t agree with him. He also told me he already have another case from his previous girlfriend and also have another son. For me to keep quiet he gave financial support though not enough for my baby’s needs. I even kept it secret to my parents until now about who the father of my child is. I don’t know how to tell them. Last May, I caught him having another affair and it gave me another stress. I was so depressed and it was only 3 months after I had given birth so I was still suffering from post natal depression. It lasted till August. I even helped him to fix his marriage because his wife caught him flirting with another woman. He was trying to make me believe that If I won’t help him I would be the one who will cause his family to be broken apart. I kept my silence but it was so hard that I wanted to tell the whole world about my situation. I wanted to tell my dad about it but I’m so afraid he’ll get HIGH Blood pressure if he finds out the truth. Not until last October, I read all his conversations here on FB and I was so shocked that aside from me there were still several women he had a relationship and continuously till now. I was so devastated and so much hurt. I didn’t know what to do my heart feels heavy and I feel the anguish till now. I called him after I found out, I told him I already know the truth but he denied it. I posted it here on FB because I feel like, I’m really going crazy and I don’t know how to deal with it and tell my parents. I sent messages to his siblings telling them I can’t really bare those nasty things that their brother is doing to me. (I met his family once that made me believe he was still single.) After that he called me and told me to fix things with him? I said: “What for?”, I just want him to recognize my baby. He said, how can he support my baby if I’m going to tell the truth to his family and even to my family. He also said, by doing that I would ruin his family. His sister even called me, and said please don’t message the wife of my brother… I was shocked because I didn’t even do that. I also received a text message from him telling me that I was the reason his life is ruined and his wife trying to kill herself. He even sent me an email telling me to wait for my KARMA. He was trying to make me the VILLAIN, where in fact my poor baby and I were the victims of his evil deeds. He just want to save himself. Please give me advice. Thanks a lot!
Hello Atty. I hope you can help me. I just need a lawyer’s advice. I want to sue my EX-BF, STEVEN QUEZADA QUIDES. Can I use RA 9262 Psychological Violence against him? For the reasons at the time when he got me pregnant he wanted me to perform abortion. He bought Cytotec in Quiapo and gave it to me then every day (last year) he always text me to ask if I already took the medicine. He said, he can’t give his name to the child because he is already married. I had so much stress from that. I didn’t agree with him. He also told me he already have another case from his previous girlfriend and also have another son. For me to keep quiet he gave financial support though not enough for my baby’s needs. I even kept it secret to my parents until now about who the father of my child is. I don’t know how to tell them. Last May, I caught him having another affair and it gave me another stress. I was so depressed and it was only 3 months after I had given birth so I was still suffering from post natal depression. It lasted till August. I even helped him to fix his marriage because his wife caught him flirting with another woman. He was trying to make me believe that If I won’t help him I would be the one who will cause his family to be broken apart. I kept my silence but it was so hard that I wanted to tell the whole world about my situation. I wanted to tell my dad about it but I’m so afraid he’ll get HIGH Blood pressure if he finds out the truth. Not until last October, I read all his conversations here on FB and I was so shocked that aside from me there were still several women he had a relationship and continuously till now. I was so devastated and so much hurt. I didn’t know what to do my heart feels heavy and I feel the anguish till now. I called him after I found out, I told him I already know the truth but he denied it. I posted it here on FB because I feel like, I’m really going crazy and I don’t know how to deal with it and tell my parents. I sent messages to his siblings telling them I can’t really bare those nasty things that their brother is doing to me. (I met his family once that made me believe he was still single.) After that he called me and told me to fix things with him? I said: “What for?”, I just want him to recognize my baby. He said, how can he support my baby if I’m going to tell the truth to his family and even to my family. He also said, by doing that I would ruin his family. His sister even called me, and said please don’t message the wife of my brother… I was shocked because I didn’t even do that. I also received a text message from him telling me that I was the reason his life is ruined and his wife trying to kill herself. He even sent me an email telling me to wait for my KARMA. He was trying to make me the VILLAIN, where in fact my poor baby and I were the victims of his evil deeds. He just want to save himself. Please give me advice. Thanks a lot!
hi atty,
ako po ay isang single parent at nanganga ilangan ng inyong payong legal.humihingi po ako ng financial assistance sa ama ng anak ko nuong grade five po sya sinabi ko na sa kanya at sa naging asawa nya na hihingi ako ng financial support pag mg high school na ang anak ko at pumayag anamn sya about sa financial support ang problema po ay hindi nya tinupad ang verbal na kasunduan namin andito po ako sa manila ng tatrabaho bilang isang call center agent dalawa po kasi ang anak ko kay diko na kaya ang gastusin..hindi po kami kasal pero naka perma po sya sa birth cert ng anak namin isa po syang guro sa isang public school sa mindanao ano po ba ang gagawin ko.parang awa nyo na po payuhan nyo po ako.
email me
Hi atty. I am in Canada and was married in the Philippines for 1 year before I left few years ago. Now my ex-wife is demanding that I give her money or help her get in Canada. I could try to get her a job here but that is very difficult kahit nga mga kapatid ko di ko mahanapan ng work dito. Ngayon po, pinadalhan nya ako ng letter galing sa OWWA Family na nang hihingi ng financial support, wala po kaming anak. Ano po ba ang mangyayari sa kasong ifinile nya? Criminal case po ba RA 9262 regarding sa economic abuse if yun nga po ang magiging kaso? Uusad po ba ang case kahit wala ako sa Pinas? Maraming salamat po.
good day sir,
i am legally married to a seaman husband,we have 2 kids 17 and 15 yrs old both boys and in high school now.i am separated from my husband 12 yrs ago.from 2001 until now my kids didn’t recieve any financial support from their father,in short he abondoned his kids for 12 yrs.as far as i know,he already had 2 kids from other girl.i just want him to support his 2 kids financially but i dnt know what to do..pls sir, i need your help.i am looking forward for your immediate response regarding on this.thank you so much..God bless you.
Hi Attorney,
I would like to know if its possible to request for our HR/Accounting dept to deduct the amount of agreed child support from my husband’s salary? My company knows our situation and would like to know if this is possible. What do I need to do for him to strictly honor what we have agreed?
We’re separated, right now we’re working in the same company. We agreed that he will support my 3 kids. We made a written arrangement signed by both of us regarding the amount which he should deposit monthly in my account (as agreed) however he doesn’t follow the agreement. I have to collect personally which I despise because every time I collect we end up arguing as he doesn’t give the amount agreed. He has a concubine and 2 kids ages 3 & 2
I know he can afford to give the amount we agreed as I know how much he receive every payday plus he can maintain a car.
My point is, I just want him to prioritize the kids necessity over his necessity which I think is rightful.
I hope I can get your thought regarding my situation.
Thanks.
, i would like to ask for help regarding my situation right now, im a mother of a 5yrs old son and a 3 months old baby, me and my partner are live-in only, were not married., we have been abandoned, i want him to continue his support to us even if hes not with us anymore. i already accept that he abandoned me but i will not forgive him if he also abandoned his own daughter. what will i do?
i want to have a legal documents that written there that he must continue his obligation to us even if he already live to his new partner. obligation means, the child future including their education and food. hope you will help me with this, im also in shock right now but this is the only thing that i can do for my children.
Do we have laws wherein the financial support would be automatically deducted from his Monthly salary? This is to make sure the child gets it every month, without me having to meet the father every now and then.
3. Can I seek for his financial support without having to go to a lawyer? I am avoiding conflict with him that might affect our relationship with the kid in the future. How bout a DEMAND LetTer? What is it and what legal claims should I put in there?
4. If I am going to file a case, what is the estimate expenses for all the fees I need to pay? What case should I file?
i would gladly appreciate if you help me regarding this matter especially about the Demand Letter.
Hi Atty,
I was married Feb 2012. I am current working here in Saudi Arabia. I have a 8 month old daughter. I planning to leave my wife because i can’t bear with her attitude anymore. I am not comfortable with relationship anymore especially I am working abroad. My question is this, how much will i send for my monthly allotment for my daughter?
Will i win the custody of my daughter?
sir,
good eve, just like to ask.im about to get married to a man who has a 7 year old daughter.Can i know to what extent should he give for support and what should be covered in it?
thank you!
hi im a single mom with three kids…i have lived in partner before but he cheated on me last year…we are not together now but when he came back from singapore last july we talked about his support to my kids that he will give but since march up to now on this year he doesnt give any support…what will i do since he was now in singapore and he is working in other company now…all i want is support for my three kids who were still young…thank you and godbless
Good day sir! Let’s leave my name as jpj. I would like to consult my issue. Let me start with being a father of one. One of four of hers. Which I was not aware of before. It’s kind of confusing but let me rephrase it, she has four children, one is mine, the others, I was not aware of, before. She kept it from me. We are not married. We lived together for only two years. Can she sue me for Abandonment?
I can say I regularly give food as well as monetary support to her but with the set up, I really cannot say to where the support goes, is it to my child or not. At first, I did not care. As long as I was able to give and provide for my child. Now, she is asking for more, since two of her other kids are also studying.
Each child is of a different father, all of which I do not know the whereabouts. Sometimes, things get rough and I also have difficulties providing for my young. If I cannot give, she threatens to report me to the authorities. All my personal belongings are either sold or pawned. Do we have computation for monetary support?
I cannot take it anymore. One more thing, the fiscal as well as the public attorney’s office in their town is I believe a relative of hers. I have asked her to give the child to me but she insisted and stated that the child will stay with her. The problem is, she cannot provide any information to where she uses the monetary support that I was giving her. Maybe, and maybe, for the allowance of her other kids. Can she sue me for nonsupport?
I am starting not to think right. Maybe someday, I’ll just disappear and never be heard of. Any advise? Thank you and have a great day! God bless!
sir may tanong po ako about sa child support, hindi po kasi kami sinusuportahan ng ama namin since 4 yrs old ako seaman po siya at kasal napo sa ibang babae mag 21 na po ako ngayon darating na october at ang kapatin ko po ay 19 college student po ako at hindi pa tapos may habol pa po ba kami sakanya?
Good day Sir/Ma’am!
I just wanna ask if what will be the possible cases that i must file against my father. We are 3 siblings, he left us since I am six years old. I am the eldest son. He left us together with my mother and my younger brother. He also took my youngest sister. My mother never did anything to get my younger sister back. I am already 21 years old. Untill now we never get any support coming from my father. Now that I found out that he got his own family now and they gol already a child. I am afraid that my younger sister there will also be abandon by him. Please help me, cause i dont know what case should i file against him.
Thank you.
Parents is the one who are responsible for their children. The parents must fill all the needs of a child especially in educational support,because children have rights to go to school.The needs of shelter,clothes, proper foods,moral support, financial support must give.
Jennifer Monterey
Contributor: http://www.ourhappyschool.com