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.

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

  1. amor

    I have a son 7 years old i
    Me and his father both abroad but defferent country but his father ddnt give any support to our son how can i file a case to his father,even me here in abroad

    1. Carie

      I have a one year old daughter, I am not married last September umuwi daddy nya to celebrate the birthday of our daugther we are OK. We already processed our documents in migrating Australia after that nahuli ko asawa ko na may babae na pala doon at bumalik na sy doon. Iniwan kami magIna pinili nya yung babae nya dun kesa sa amin magIna. Ano po bang rights ng anak ko sa tatay nya? Di ko na sya mahabol dahil bumalik na sya sa Australia. Hope you can help me. Please!

  2. Marco

    How many percent of child support can i give if i have one(1) child if my salary is only 12k a month? Pls reply atty. Badly needed the info. 🙁

  3. Ajija

    Hi Good day to you sir,

    I would like to ask because my husband had relationship before i met him with the the girl working in a club, they separated before we got married but they have a child, according to my husband his not sure if he really a father of a child since the girl is working in a club. My concern now what if the girl will run after for financial support since my husband surname is being use of a child. She can sue my husband for being not supporting the child?

    Looking forward to hear from you sir.

    Thank you.

  4. Armando Devanadera

    Good Day…I just want to know the right of a child if his parents cannot support him.Is there a law that the sisters or brothers of his parents are the ones who will support the child it the parents are unable?thank you so much!

    1. Sjoko

      Don’t think any family member has any duty to support children other than their own.
      I know that some help when they can, but I don’t think there is any law that say so.
      How would you like if your brother steal something and you’re the one to go in jail ?

  5. shamielaeno

    Hello Sir,

    My name is Shamie Laeno and currently in Australia. I would like to know on how can I file an abandonment for my sons biological father who is currently in the u.s military. He abandoned my son without any financial support for over a year now. We are not married but my son is registered under his name. Im currently married to another a man and we want to have the full custody of the child since the biological father is no longer giving financial support and already married with a daughter.

  6. chubby mom

    hi po kasi po nag reklamo na po kaso ako sa owwa region 4a tunkol po sa sustento ng asawa ko sa anak namin kasi hindi po kasi sya nagsusutento sa anak namin at my babae po kasi sya sa taiwan my mga pictures po ako na katibayan na may babae sya dun ano po ba ang dapat ko gawin? kasi gang ngayon hindi ko po alam kung ano po nangyari sa reklamo ko sustento po ang habol ko kasal po kami. sana po matulungan nyo ako kasi may trabaho din po ako . maraming salamat po.

  7. chakadoll

    my cousin had fiance’ & soon to be married next year. nagka-anak po sya sa dati nyang gf (dipo sila kasal). matagal na rin silang hiwalay at wala ng kahit na anumang ugnayan sa isa’t isa maliban sa bata dahil my kanya kanya na ring silang buhay. nung nasa pinas po ung pinsan ko khit hiwalay na sila he still supporting the child if ever na my trabaho sya. ngaun my cousin working abroad almost 1 year. ng malaman ng babae na nasa abroad sya, nagulat na lang kami na nagpadala sya ng subpoena at nag file ng case against my cousin R.A 9262. almost 1 year pa lang naman sya dun at mababa lang ang sahod. inuna nya muna bayaran yung mga pinagkautangan nya na ginamit nya papunta dun, di naman nya tinatalikuran ung obligasyon at responsabilidad sa bata. hinihintay lang nya matapos ung mga pagkakautang nya. kaya nagulat na lang kami ng makatanggap sa bahay ng reklamo at subpoena,.pano po makakaattend ng hearing ang pinsan ko samantalang wala naman sya sa pinas. ano poba ang dapat gawin ng pinsan ko. ibibigay naman po nya ung para sa bata. magkano po ba ang dapat na ibigay na child support (sustento) sa bata na naayon sa batas. saka mababa lang naman ang sahod ng pinsan ko dahil waiter lang naman sya at sa middle east pa. baka kc mag demand na malaki ung ina ng bata. sana po ay matulungan nyo kami. salamat po.

  8. romyr

    i am sir Mr. Romyr L. Gabon a single father with three kids in my care. i have been asking financial support from their mother who is working in a private college in our town.

    I would like to ask if i have my right to ask financial assistance from her?

  9. chelle


    I just want to ask if i can get a financial support to the father of my 3 children even the father is jobless but he already have new live in partner and a newly born can i get support from them.

  10. Just single

    Good day.

    Me and the mother of my child don’t get along when we are together. I provide sufficient financial support to our kid.

    My inly concern is that she would not allow my daughter to go here alone. Everytime my daughter is here, she would also stay in our house. I have also heard somethings from my daughter that “my father does not love me”. So i asked here where did she get that information. She immediately replied, from MaMa. I was painful to hear that from my kid.

    Is there a posibility for me to file a case against here the mother of my child. She is trying to brainwash our kid. I would also want to know if i can ask for the right to have my daughter stay in our house everyweekend w/o here statung in our house. My daughter is only 5years of age.

    Please help me.

  11. yhan

    hi, i would like to ask if there is any law that prohibits the elder sister (early 30’s) to decide for her younger sibling (19.y.o) of legal age and sound mind. Thank you.

  12. F


    Just want to ask something regarding the paternal support.
    What do we have to do if this is the case —

    Financial Support received from Father:
    – TWO Legitimate children = 15,000 per month
    – TWO Illegitimate children from mistress#1 = 20,000 per month
    – ONE Illegitimate child from mistress#2 = 22,000 per month.

    I am a legitimate child.

    I am trying to do part time job to sustain my college degree.
    The support is enough.
    But after learning about the support that my father’s other children are receiving,
    I thought I have more rights and I can do something about this.
    Can you recommend what are the steps that I have to do?

    (Yes this is funny, because normally it’s the illegitimate children who are running after the “fair” amount of Support)

    Your response is highly appreciated.

    Thank You,

  13. jessa

    Hello attorney…i would like to ask help regarding my son. I am a single parent of a 7-year old son of which his father is a military. Ever since (2007) his father was not consistent of his obligation to my son and even got worst when he got married last 2010. What should i do to get what my son deserves? Is there any specific amount that we could demand since he has as stable job? Please help me. Thank you

  14. shera

    hi i would like to ask a bout this situation …
    if a mother is a single mother and her child have a relationship with a guy and shes only 16 she is technically need to be supported by a mother but what if the mother doesn’t want to support her child’s benefit and she would want to kick her daughter out of her house would it be possible to sue her mother to give financial support to the daughter until 18 even if shes not in the property of her mother and if the mother insist to give what would happened???

  15. Engelbert

    gdmorning Atty. Alfred,it’s nice to make a little conversation with you.I am a guy who’s involved to the situation of my pregnant girlfriend but we had split already,it was just an accident happening that brought to sudden things that is not right,.Now,she compulsory told me to sustent for the child of all its needs but i am still a student and i dont have any work,yet i can sustent the child but not as big amount or not really fully sustent..I want your help Atty.,What is my right.i didn’t love that girl,she just poisoning my mind.Thankyou. godbless you!

    1. Francis

      Greetings Atty.

      I have a mistress and she is pregnant. May I ask what are my legal obligations to her. I know for a fact that I have obligations to the child she have in her womb, but do i need to support all her financial needs because she had no work? She was unemployed because of her pregnancy. Since then i support all her needs like dwelling, food , house utilities and hospital check-up. Also how much is necessary amount that i should give to her?


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