HELPFUL INFO ABOUT CHILD SUPPORT IN PHILIPPINES

This is a discussion on HELPFUL INFO ABOUT CHILD SUPPORT IN PHILIPPINES within the International Law Issues forum, part of the INTERNATIONAL LAW category; Provided by ATTY. MARIA CLARA B. TANKEH-ASUNCION of Syquia Law Firm Support is defined under the Family Code of the ...

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Old May 16th, 2010, 04:04 AM   #1
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Default HELPFUL INFO ABOUT CHILD SUPPORT IN PHILIPPINES

Provided by ATTY. MARIA CLARA B. TANKEH-ASUNCION of Syquia Law Firm

Support is defined under the Family Code of the Philippines (1988) as follows:

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.

As enunciated in the Family Code, support is an obligation that arises from family relationship and enumerates those entitled to be supported as follows:

Art. 195. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:
  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; and
  5. Legitimate brothers and sisters, whether of full or half-blood.

The properties liable for the support of children are as follows:

1. The support for the common children of both spouses shall be taken from the absolute
community or conjugal property.

2. Likewise, the support for the children of a spouse by a previous marriage shall be taken from the absolute community or conjugal property.

3. The support for the illegitimate children of either spouse will depend upon their property relations, to wit:

3.1. Under the systems of absolute community - The separate property of the parent-spouse, but if the same is insufficient or there is no such property, the absolute community property is liable, but the support is considered as advances on the share of the parent to be paid by him to the community at the time of liquidation.

3.2. Under the system of conjugal partnership - The separate property of the parent-spouse, but if the same is insufficient or there is no such property, the conjugal partnership property is liable if financially capable (i.e., if all the legal obligations of the conjugal partnership have been covered or can be covered), but the support paid to the child shall be deducted from the share of the parent - spouse at the time of the liquidation of the partnership.

During the proceedings for legal separation, annulment of marriage or declaration of nullity of marriage, child support pendente lite shall be taken from the absolute community property or conjugal property.

The amount of support shall be in proportion to the

a) Resources or means of the giver; and,
b) To the necessities of the recipient.

Support can be reduced or increased proportionately, according to the reduction or increase of the necessities of recipient and the resources or means of the person obliged to furnish the same.

Therefore, an order for support is consequently subject to modification and never final. A petition for support is never terminated.

The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for maintenance, but it shall not be paid except from the date of judicial or extrajudicial demand.

The right to receive support and any money or property obtained as such support are not subject to attachment or execution by creditors because they are essential to the life of the person entitled to support. But support in arrears is not exempt from the attachment or execution as the reason for such exemption no longer exists.

Provisional Remedy for an Action for Support Pendente Lite

A verified application for support pendente lite may be filed by any party stating the grounds for the claim and the financial conditions of both parties, and accompanied by affidavits, depositions or other authentic documents in support thereof.

A copy of the application and all supporting documents shall be served upon the adverse party, who shall have five (5) days to comment thereon.

After the comment is filed, the application shall be set for hearing not more than three (3) days thereafter.

After hearing, the court shall provisionally make an order as justice and equity may require. If the application is granted, the court shall fix the amount of money to be provisionally paid taking into account the necessities of the applicant and the resources or means of the adverse party, and the terms of payment or mode for providing the support.

If the adverse party fails to comply with an order granting support pendent lite, the court shall issue an order of execution against him, without prejudice to his liability for contempt. (Rule 61, Rules of Court.)

Effect of Foreign Judgments or Final Orders

The effect of a judgment or final order of a tribunal of a foreign country, having jurisdiction to render the judgment or final order, is as follows:

(a) In case of a judgment or final order upon a specific thing, the judgment or final order is conclusive upon the title of the thing; and

(b) In case of a judgment or final order against a person, the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title.

In either case, the judgment or final order may be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistakes of law or fact. (Section 48, Rule 39, Rules of Court.)

If you have a case which you would like to persue in the Philippines, please contact Attorney Tankeh-Asuncion at syquia@intlaw.com.ph.


About Syquia and Syquia Law Offices

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Old Jan 11th, 2011, 03:25 AM   #2
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Default Re: HELPFUL INFO ABOUT CHILD SUPPORT IN PHILIPPINES

how much i need to give to my child if i only have an income of 35,000PHP??
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Old Jun 26th, 2011, 09:11 AM   #3
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Confused Re: HELPFUL INFO ABOUT CHILD SUPPORT IN PHILIPPINES

Hi All,

I'm a husband and a father with two kids, a girl and a boy ages 8 and 5 respectively. For the past 9 years, we've been living with my in-laws as my wife is an only child. Her mom is a full-time housewife to an OFW. Recently I had a misunderstanding with my mom-in-law as I didn't like the way she pours out her frustrations with my mom concerning my parent's financial obligations to us. I didn't come from a wealthy family unlike my wife and from the beginning I already told her we should not expect anything from both parties (hers and mine) as it is OUR obligation to provide for our kids. Her mom is quite extravagant and well-off and has the money to spend and I appreciate very much the way she has helped us not only financially but overall as well. I was brought up with the mentality that I, as a parent has the obligation to fend for my children and not expect other people, even family to cover my responsibilities. If they want to give something, then good. If not, we won't lose sleep over it. My wife and her mom is under the impression that as a lolo-lola, they are obliged to help with the finances (school, everyday expenses, etc). Due to this mentality, I left my in-laws' house and ask my wife to move in with me. My parents were generous enough to borrow/give us our old house for use so we can move in as a family however my wife declined due to several reasons like how we're not ready yet, how the kids would need to readjust to a different environment, etc. I told her it's time to start anew so we can learn to live independently. My parents moved in to a new house they bought after decades of hardwork. I told my wife and kids that we got the house all by ourselves. Still my wife doesn't want to move in with me so I told her I'm giving her a year to think about it and that I won't support them financially (which up until now is still just a threat) if they don't move in with me. Now my wife is telling me to get a lawyer regarding custody as she feels that I'm enjoying my newfound freedom(???). I haven't done anything since I left the house (partying, womanizing, gambling, etc) for her to feel or think that but it seems she's resolved to the fact I'm going to. If worse comes to worst and she would really like to have custody, do I have a shot here? I'm currently employed earning enough money to take care of not only what the children needs but what they want as well. My wife has a job too and earns a third of what i'm getting. She's a wonderful mom and wife but I can't convince her to move with me. I know the kids wouldn't want to move without her and I would love for my wife and my kids to live with me as a family. What should I do?
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Old May 15th, 2012, 02:49 AM   #4
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HI, I and my partner have a 10month old child. He also has a 111 yr old girl to his EX wife and an 8 yr old boy and 3 yr old girl to his ex GF. He is supporting us all. Both exes are working abroad. How much should he give to his children from exes monthly as a support? UP to where is his responsibilities.
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Old Jul 25th, 2012, 02:54 AM   #5
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Default Re: HELPFUL INFO ABOUT CHILD SUPPORT IN PHILIPPINES

Confused Daddy.. I feel for you. Your wife is just so scared to lose all those luxury and comfort. She needs to get out from her shell if she really loves your family. As a new mom, I felt so afraid of the super big responsibility when I gave birth and my husband told me to go back in our own house (we stayed in my parents' while I was pregnant till my baby is 6 months old). It was a tough decision for me but I realized that the big change will also make a big difference in my maturity and our family. I understand your wife's way of thinking and I think you need to encourage her and assure her that everything will be okay. Have a housemaid to do the chores coz she's also employed and may not have enough time to do other things. Maximize your earnings and show her you can provide MORE THAN ENOUGH for the family. God's command is we have to leave our parents when a man and a woman become1. Also, no matter how nice your in-laws are, there will always still be issues if you're living w/ them. Once you did step 1, everything will follow. God bless!
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Old Oct 7th, 2012, 06:12 PM   #6
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Hi, im a single mother and my bf left me and my child with another girl and married her, they're expecting another baby. Im not the only one who he has a baby with. He also have another one with this girl before we met. Now can i demand a child support even though im here in canada and hes in the philippines? He hasnt given anything even we were together. Please help me.
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Old Dec 11th, 2012, 04:16 AM   #7
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Default Re: HELPFUL INFO ABOUT CHILD SUPPORT IN PHILIPPINES

Hello! I just have a questions, my auntie is now an American Citizen but when she left her children are still young but she supported them until they grow up. Her son is now 21 years old and living with a girl and they already had a child. My cousin is black mailing my Auntie that he will sue her for abandonement and child support. She never fail to support them, their father never share any penny as he is drug dealer/user. But now my Antie has an heart illness and unhealthy but they are not helping because they are stressing her! Her son is a dillingquent child she sends him to school but he has more absences than attending school. He also drink and smoke with the money my Auntie is sending for him and his family to live on she is sending them 20 a month. And yet he is still ungrateful and abuses my Auntie with unkind words that gives her palpitations and stressed her. The question is... can her 21 years old son with his own family really sue her for abandonement and child support? although my Auntie is no longer a Filipino Citizen therefore she is no longer under Philippines jurisdiction? Thanks a lot!
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Old Dec 11th, 2012, 04:27 AM   #8
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Default Re: HELPFUL INFO ABOUT CHILD SUPPORT IN PHILIPPINES

Quote:
Originally Posted by AWV View Post
Hello! I just have a questions, my auntie is now an American Citizen but when she left her children are still young but she supported them until they grow up. Her son is now 21 years old and living with a girl and they already had a child. My cousin is black mailing my Auntie that he will sue her for abandonement and child support. She never fail to support them, their father never share any penny as he is drug dealer/user. But now my Antie has an heart illness and unhealthy but they are not helping because they are stressing her! Her son is a dillingquent child she sends him to school but he has more absences than attending school. He also drink and smoke with the money my Auntie is sending for him and his family to live on she is sending them 20 a month. And yet he is still ungrateful and abuses my Auntie with unkind words that gives her palpitations and stressed her. The question is... can her 21 years old son with his own family really sue her for abandonement and child support? although my Auntie is no longer a Filipino Citizen therefore she is no longer under Philippines jurisdiction? Thanks a lot!
I suspect he is just blowing smoke.

First and foremost, child support goes to the custodial parent or legal guardian, NOT the child.

Secondly, if there has been no existing child support order before now, at age 21, there won't be. In most jurisdictions I am aware of, you cannot get child support for an adult child unless they are legally disabled, still living with their custodial parent/guardian, and that parent/guardian provides for the majority of their financial support. Even under those circumstances, one could not get back child support except to the date when the request was filed.

Tell your Auntie not to worry too much about it. If he is as bad-natured as you seem to imply, he is probably just trying to scare her into paying to support him. He's grown up, with a family of his own. It's his own problem if he is having difficulty supporting himself and the child he created.
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Old Dec 13th, 2012, 07:49 PM   #9
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Thank you so much for the clarification SandyClaus! I will let her know the good news! She will then have a peace of mind! God bless!
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Old Dec 23rd, 2012, 06:03 PM   #10
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Hi! I would like to ask if I can file for a child support from a black American father of my child. Had established paternity test already and my child is already a u.s citizen. Can I file for such child support and if not, is there other way I could block him from coming into our country, since he is just a liar. Any response would be appreciated, thanks.
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