2018 Guide to Child Support in Philippine Law

by | Oct 7, 2018 | Family Law, Custody & Support

An angry couple fighting amidst the tears of a crying baby.

Child support is a major area of disagreement among separated couples.

Child support is often an major area of disagreement between separating spouses, bogging down proceedings and causing increasingly hostile negotiations.

The Philippines has several laws dealing with custody and support of children.

Philippine Law and Child Support

A child is entitled to support from both parents

A baby is expensive!

Support in the law is described as everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family.

The law emphasizes that this support should include schooling or training for some profession, even beyond the age of majority. [Art 194, Family Code of the Philippines]

Those who are obliged to support each other are enumerated in Art 195:

  • The spouses;
  • Legitimate ascendants and descendants;
  • Parents and their legitimate children and the legitimate and illegitimate children of the latter;
  • Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and
  • Legitimate brothers and sisters, whether of full or half-blood

You’ll immediately see that regardless of whether the child is legitimate or illegitimate, support is an obligation from both parents.

How much support can I expect?

You might think there is some support calculator to define exactly how much support you can expect for your child.

You’ll be surprised to know that how much support really differs from case to case.

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 201, Family Code of the Philippines]

A scale showing the balance between support needed and the support that can be given.

The needs of the child is balanced with the income generated by the parent.

What this means is that support really depends on the capacity of the giver.

Does he or she have good investments?

Does he or she have a good job?

If that is the case, support can be drawn from these sources. If not however, there is no possible way that support can be received even if there is a court order for it.

If you are preparing to negotiate with your ex-partner, it would be helpful to create an accounting of the child’s expenses for schooling and maintenance.

This can help guide the discussion and set realistic expectations.

How can the court order for support be implemented?

A gavel surrounded by the items that can provide child support.

Enforcement plans need to be thought through!

You might think that after receiving a court order, support will automatically be sent to your account from your ex-partner’s.

It is a little more complicated than that.

As the Philippines has no uniform infrastructure to ensure support is actually given, the options for receiving support can be very specific:

  • You might be able to request the deduction of support from your ex-partner’s payroll.
  • You might be able to receive support by asking the court to garnish his assets such as by taking his cars or other properties.

These court orders can then help ensure that the court’s decision translates into actual financial support for the child.

R.A. 9262 or Criminalizing Lack of Father’s Child Support

A father can be charged through RA 9262 when he doesn't provide support

RA 9262 criminalizes lack of support.

R.A. 9262 puts pressure on a father to provide for his child by threatening him with criminal action if he does not provide support.

Section 5 e (2) in particular discusses Child Support:

Depriving or threatening to deprive the woman or her children of financial support legally due to her or her family, or deliberately providing the woman’s children insufficient financial support.

Meanwhile, Sec 6 (c) discusses the penalty as punishable by prison correctional or jail.

In successful support cases, however, it is when there is true cooperation and trust that the child’s welfare is of primary importance that support is consistent and regular.

It is when a father is involved in the discussion and that he trusts that the money is truly going to his child that support cases achieve their goal.

How do I file a Child Support Case?

You’ll usually file a case for child support where one of the spouses resides. It may be its own independent case or ancillary to a case for legal separation, annulment of marriage or the like.

Once the case is filed, your court will send a notice and the full copy of the petition to your ex-partner ordering him to show why the petition should not be granted.

A child split between two parents.

Child support begins with filing a case.

Your court will then conduct a preliminary conference between the parties to see if a resolution without full-blown trial is possible.

In the meantime, the court has the power to issue provisional orders for support after giving the other party the opportunity to respond to the provisional claim and the allegations about the financial conditions of both parties, as supported by affidavits, depositions or other authentic documents. The court can, therefore, issue a provisional order for support which will be enforced even while the case is not yet finished.

The guidelines for such provisional support are as follows:

The common children of the spouses shall be supported from the properties of the absolute community or the conjugal partnership.

Subject to the sound discretion of the court, either parent or both may be ordered to give an amount necessary for the support, maintenance, and education of the child. It shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

In determining the amount of provisional support, the court may likewise consider the following factors: (1) the financial resources of the custodial and non-custodial parent and those of the child; (2) the physical and emotional health of the child and his or her special needs and aptitudes; (3) the standard of living the child has been accustomed to; (4) the non-monetary contributions that the parents will make toward the care and well-being of the child,

The Family Court may direct the deduction of the provisional support from the salary of the parent.

Parents arguing with a baby between them.

Agreement between ex-partners is essential!

But if the court elects not to order provisional support, all your evidence and witnesses’ testimonies will be heard in a full-blown trial and then the court will make its decision.

You might wonder how long a full-blown case for support lasts.

Well, it depends on how quickly you and your ex-partner can agree on terms.

When you and your partner can negotiate a compromise agreement where both needs are met, then the court process is smoother. You may spend only a year to a year and a half in court.

However, it can take years if you and your ex-partner cannot agree and are unwilling to compromise.

How much will I spend?

A child watching his parents argue about support.

Costs depend on how quickly you can come to an agreement.

When you and your ex-partner cannot agree, a case will become more complicated and more expensive.

More evidence, court appearances, and coordination between lawyers will be required.

As such, the cost of the case will primarily depend on you and your spouse.

The normal court costs are the following:

  • Acceptance fee which varies per lawyer and depends on how complicated your case is
  • Court fees for filing the petition
  • Document processing fees such as notarization and postal service
  • Pleading fees for each written submission to the court
  • Court Appearance fees for each appearance to the court

What documents do I need for a Child Support Case?

People amidst documents they've put together for child support

Gather documents to support your case!

You’ll need several documents for a child support case:

  • PSA Birth Certificate and proof of paternity such as Affidavit of Paternity and any other proofs, if illegitimate.
  • PSA Marriage Certificate if you were married
  • Summary of receipts and expenditures related to the child
  • Summary of properties and proof such as titles, bank accounts, etc. of the other spouse
  • Summary of your ex-partner’s income and proof

The more information that you gather helps in explaining to the court what the requirements of the child are in addition to proving the capacity of your ex-partner to pay.

This is important and helps a great deal.

What if my ex-partner is a foreigner and or abroad?

Two people in separate parts of the world.

When an ex-partner is abroad or a foreigner, it may be more complicated to get support.

When your ex-partner is a foreigner and when he currently lives abroad, the laws of his country and of the country where he currently lives in comes into play.

Obtaining and enforcing a court order may require engaging lawyers in the foreign country. Furthermore, your personal appearance abroad may be needed to file the petition there. What is required will depend on the law of the country from which relief is sought. It will certainly require close coordination between you and your lawyer.

Your ex-partner can be asked for child support in his home country and be compelled to pay, especially when:

  • The child is a citizen of that country
  • There is clear proof of paternity/maternity

In the United States, there are a number of ways to compel a parent to provide support.

The amount owed may be deducted from wages otherwise his passport may be confiscated, his driver’s license suspended or he may go to jail among other penalties.

Resorting to these will require some familiarity with the laws involved and the possible enforcement mechanisms.

494 Comments

  1. Maricris Young

    good day. i want to file for child support claims but don’t have the capacity to pay the lawyer, since my salary are used up for all the daily expenses. i have 2 daughters, 13 and 11 years old girls. i suffered verbal aggression from my husband and he doesn’t do his obligations to our family, adding up to it is he is bipolar, as to my experience of saving our marriage for 14 yrs. that’s why i’ve been separated for almost 2 yrs now. i badly need your advice since he is threatening me that he will hex/bewitched me because i am telling him that he needs to face his obligation of giving financial support to our daughters but he keeps on turning it back the blame to me regarding the school expenses (tuition) of my daughters. it’s been 10 months of not receiving any financial support from him plus he owes me 20k for all the payment i’ve made for thr tuition in which he didn’t gave any money for it. thank you.

    Reply
    • Lawyers in the Philippines

      Will send you an email.

      Reply
      • Jhoyce

        What if yung bata is nasa tatay mula pa baby at yung bata is hindi naka apelyido sa tatay. Pero yung custody ng bata nasa tatay na dapat 7 years old below nasa nanay. She’s now 5 years old at nagaaral na sa semi private. . Ngayon ang ang gusto ng nanay is mas malaki ang bayaran na tuition ng tatay kesa sa nanay but the problem is walang capacity yung tatay kase wala naman permanenteng trabaho at gusto pa kuhaan ng yaya yung bata para daw may tututok sa pag aaral niya. Tama po ba yon kahit hindi naka apelyido sa father yung bata?

      • Atty. Francesco Britancio

        For a mother to demand from the father, the father’s paternity must be proven through the accepted means.

    • Donna

      My ex partner is a citizen of USA. he is working as US ARMY. me and my daughter live here in the philippine. My ex doesn’t give any financial support. What should i do for filing him to give us financial support. Pls reply need you help thanks.

      Reply
      • Lawyers in the Philippines

        Try to file for support in the US. The US can enforce it against the father so that collection of the amount is more certain.

        You will need to contact a US lawyer for this.

      • Este

        Hello. Im here to get a chance hoping you can help me with my problem with my daughters father that is a US CITIZEN living now In US. I just want to ask how am i gonna get my child a support she deserve to get . I am a single mother . He sign her birth certificate. My daughter already have US PASSPORT a SSN and for my knowledge he already use her on his TAX . Please enlighten me and please help me. Much appreciated i am patiently hoping i will get a respond thank you very much
        Godbless

      • Lawyers in the Philippines

        Sent an email.

    • Maria Crisitina

      Good day!

      My sister’s husband had recently decided to end their marriage due to issues relating to suspected infidelity, personality differences. However, her husband inflicted violence to my sister due to her discovering it is her husband who was hiding secrets about his infidelity. which triggered her to file for a police report and undergone medico legal. My sister is just working in a private hospital as a nurse with below minimum salary (allowance only). Her husband is working as a consultant. As a result of the conflict, her husband took away their car and put in under the custody of his Aunt, took her credit card and only left them 10,000 cash. My sister wanted to divide their properties since they do not have any pre-nup agreement despite the fact that her husband is the main contributor of their income. How can she receiver the car which is being used by their 5 yo daughter as service going to her and to the mall. Her husband set them a very convenient life even if they are residing in our house. In regards to the child support, what necessary action does she need to take? Please help me

      Reply
      • Lawyers in the Philippines

        For child support, she start first at the barangay and the DSWD.

        If she wishes to file a case, she may work with the free legal advice groups.

    • Kristine Anne

      Hi!
      I want to file for a child support case but my ex partner says he can’t since he has a family prior to our child.
      that didn’t came into light until I was pregnant. I know this won’t be much of an issue since it is the father’s legal obligation to support his child regardless of his marital status.
      he hasn’t given me any support whatsoever since the pregnancy and post partum.
      how can I make him give support to our child?

      Reply
      • Atty. Francesco Britancio

        You can file a case or you can negotiate with the father.

        In addition, the barangay, DSWD or the police may be able to help bring some pressure on the father to discuss the situation with you and come to a settlement.

        Note you will need proof of paternity.

  2. Anonymous

    I am glad ive read your article. I have the same dilemma with my husband. Ive suffered verbal abuse. I want to ask for financial assistance as well. Since we were married i didnt obliged him to give as long as he wont give me any problem. We are both teachers. People would be easily fooled by him coz he is so professional from jead to toe. A total package with his looks. But it was all a lie. He would accused me of cheating.. He would call me names like slut.. And it breaks me everytime he does that. Please help. Thank u so much in advance

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
    • Carmina

      hi is it possible to petition a child custody even if I not aware of the where abouts my ex partner. I only need an evidence that i have the child custody of my daughter. Thank you in advance

      Reply
      • Lawyers in the Philippines

        Hi Carmina:

        I am not certain what you mean by “petition for child custody”?

        Do you mean to have physical custody of your daughter? Or do you mean, you want to remove the right of her father to visit her?

        In general, you will need the address of the other party for any court case as the court needs to inform all parties who have an interest in a proceeding.

  3. anonymous

    I am a Filipino citizen wanting to ask on what to do about the child support for my kids from their father. We were married in civil and in church in 2003. I had filed a case against my husband – it is under R.A. 9262 (anti-violence against women and children)in 2004. The case was finished with a court order for the child support. But my husband did not comply with the court order when he arrived in Canada with a working permit in 2012. He is now working there. He complied to the support order in 2010 until early 2011. On the later part of 2011, he is only giving half of the amount of the support. Until 2013 came, no more support as in none. It is just now that I have learned about his whereabouts and all we want is for him to continue his child support to his 2 legitimate kids compared to his illegitimate kids all born in Canada.
    I want to inquire about the steps I need to do for the child support. Thank you.

    Reply
    • Lawyers in the Philippines

      Hi:

      You’d need to have the court order enforced in Canada.

      This may involve referring it to Canadian authorities.

      Will send you an email.

      Reply
      • Anonymous

        This is a very useful article.
        I just have few questions regarding child support.

        I am the new partner of the guy who has a child with his ex.

        May I know if my income can be used by the ex to have the support increase?
        Also, I decided to have the expenses in our house to be equally divided to me and my partner, can this be one of the factors in decreasing the amount of the support?
        Last one, I really do apologize, can my partner give a child support in form of goods instead for transparency and to ensure that money is not being diverted?

        Thank you.

      • Lawyers in the Philippines

        You are not responsible for the child of your partner and your income should not be touched.

        Your partner can give support in any way he and his partner agree.

        When they do not agree, then that is when the barangay, the DSWD and perhaps even the court should intervention be needed.

        If the amount that he gives is deducted because of the amount he gives for living expenses today and there is a disagreement with the ex, the courts are the only ones who can decide what the correct amount is.

    • Ana

      i am a single mother of 2 and one of my son is a US citizen. I am not married to his Filipino father who is living in San Diego California, I decided to separate with him because of his endless womanizing deeds. Since then he sometimes don’t give financial support to our 10 yrs old son. I don’t have money to pay for an attorney because I am also looking after with my 75 yrs old widowed Morher, Please help me because my son for the past 2 years cant take his exam on time because his father will just send money whenever he likes. I also have maintenance for my high blood pressure and asthma. I am begging you to please help me for the future of my 10 yrs old son. I would appreciate it much if you can reply. Thanks a lot and God bless.

      Reply
      • Lawyers in the Philippines

        If the father is living in San Diego, it might be best to file a case there so that the US could enforce it against your ex-partner.

        Understandably this is difficult to do, but it may be the best path for consistent support.

      • abby

        hi… hanggang anong edad po pwedeng obligahin ang ama para sustentuhan ang anak nya sa labas? salamat po ng marami

      • Atty. Francesco Britancio

        In general, child support is given up to the age of majority of 18 years old.

  4. Carla

    Hi. I would like to asked your assistance. My husband has an illegitimate son with her ex-girlfriend. My husband is continuously providing financial support for his son but the child’s mother keep on demanding more which my husband could not afford. what will be our move for this? Thank you.

    Reply
    • Lawyers in the Philippines

      Hi:

      By law, the amount of child support depends on the needs of the child and the capacity of the giver.

      You may want to prepare a summary of your husband’s income and expenses and present a justification of what and why he can give a certain amount.

      If they cannot agree between them, the figure may need to be settled in court.

      Reply
  5. Marilyn M.

    Thank you for the article. I am currently pregnant with a child out of wedlock. The father of the child has stopped communicating since we found out about the pregnancy. I have a stable job, but is still worried about the financial burden that I have to face all alone especially after the child’s birth. How and when can I claim for child support? Please help. Thank you.

    Reply
    • Lawyers in the Philippines

      Hi Marilyn:

      If you and the father cannot reach an agreement, a child support case may be filed in court to compel the father to provide.

      The details and the process can be found in the post above.

      Reply
      • Anonymous

        Hi. I also have a problem with the father of my son regarding support. Can I have a legal advice regarding that? I want to make him to support our child because my salary is not enough to raise our child. I don’t have enough money to pay for a lawyer. Can you help me? Thank you

      • Lawyers in the Philippines

        I usually suggest trying to come to a compromise with the father.

        However, if this is not possible, you may wish to involve the Barangay or DSWD. They can help get the father to talk to you.

        If no compromise is possible, the Public Attorneys Office can assit in filing a case if you qualify for legal aid.

  6. Mika

    Hi I would like to ask your assistance. The father of my child is not supporting for years. As much a I remember he only gave once this year. I am planning to file child support but I don’t have the capacity to get my own lawyer. How and what is the process of filing for child support in either DOJ or DSWD? How long is the process for child support request? Please do let me know. As i am worried that my daughter will start schooling next year too. Thank you!!

    Reply
    • Lawyers in the Philippines

      Hi Mika:

      Go to your local hall of justice and speak to the Public Attorney. He can assess your situation and advise you.

      The process can take a minimum of 2 years and you will have to spend for court fees, document gathering and notarization expenses and other incidental costs even if you engage the Public Attorney.

      In addition, work out the correct enforcement method with your attorney.

      Reply
  7. Domiliza

    Hello I need help. I am married to a german we have a child two yrs old. And he left us. Im not begging for him to stay anymore as he decide to leave us completely for another woman. now my concern here is his support. im a fulltime mom. And only wants to take care of our child. Before when everything was ok. He would send me 20k a month which is totally fine for everything. Like bills house rent needs of my daughter foods etc.
    Now that he wants he leave he only send us 10k a month php. Knowing he has 5k euro a month of sallary. I need help how can i demand him more because 10k is a struggle for me and my daughter. I need your help.

    Reply
    • Lawyers in the Philippines

      Hi Domiliza:

      I’m sorry for the situation.

      The Philippines has no authority over a foreigner not in the Philippines.

      It may be best to consult a German family lawyer and file a case in Germany, if necessary.

      Reply
  8. Joan

    Hi. If the father (my ex) refuses to divulge information about his work and earnings, can he be compelled to do so legally?

    Reply
    • Lawyers in the Philippines

      Hi Joan:

      Yes, the court can compel the father to divulge information about his work and his earnings in the course of a court case.

      Reply
      • Anne

        In relation to Joan’s inquiry, what if the father is a freelance worker? No employer and do not record payments from clients? To simply put, he earns so much but has no record of income.

      • Lawyers in the Philippines

        This is quite difficult. You should have an idea of his income especially if he contests it.

  9. Danah

    My ex and i got separated after he knew i was pregnant he never get the chance to sign on the Birthcertificate of my child,is it possible to file child support with my case?my daughter is now 21 months and he barely see his child nor give financial support even when i beg money for medical reasons he failed to give help for my child.

    Reply
    • Lawyers in the Philippines

      Hi Danah:

      You will need proof of paternity to request any child support.

      An affidavit of paternity or other official document would be sufficient.

      Reply
  10. Pedrito

    Hello. just one question. When will the support for the child will stop?At what age?

    Reply
    • Lawyers in the Philippines

      Although the age of minority is significant, there is no absolute age when support must stop provided there is a reasonable need.

      Reply
  11. Jennifer O. Anastacio

    Good day. I need assistance. I have a daughter who is just 3months old to a Bangladeshi who is currently residing in Dubai UAE. After giving birth here in Philippines I send my baby’s birth certificate in Dubai for him to sign. And he actually acknowledged my daughter and let her use his surname. After that he already stop sending financial support for my baby. How can I demand him to give financial support for my daughter? Please give me advice. Thank you

    Reply
    • Lawyers in the Philippines

      Hi Jennifer:

      Since your ex-partner is a foreign national, it is best to consult with a lawyer from his home country to see what can be done.

      Additionally, it may be wise to consult a lawyer where you ex-partner currently is to see how it can be enforced.

      Reply
  12. Nina

    Hi,

    Good day!

    The father of my two kids works in Kuwait but I don’t know what company, where can I ask for help to legally demand for support?

    Thank you!

    Reply
    • Lawyers in the Philippines

      Hi Nina:

      If the father is a foreigner, it is best to consult with a lawyer from his home country.

      If he is a Filipino, then it is possible to try for support within the framework of Filipino law.

      Reply
  13. Arriane

    My boyfriend is korean he never support financially to our dauhter before we live in together until i gave birth when my baby 4 mos he back to korea without any support after 7 mos he back to philippines fee months later i caught him with other girl now he change house now i decided just he must go back to korea and give our daughter financial support. Tha he staying here in philippines just flirting other girl

    Reply
    • Lawyers in the Philippines

      Hi Arriane:

      If your boyfriend is in the Philippines, you can certainly ask for child support.

      You can also bring this up with the barangay or DSWD.

      As a last resort, a case can be filed through the Public Attorney’s office in your local Hall of Justice.

      Reply
  14. Mae

    Hi,
    Good day!
    I have 3 kids 14,10 and 9. I want to separate with my husband because i cant take it more for being a womanizer his being a liar. How many times that he cheated on me. But he never accepted it even i have evidence.
    My concern is i want a child support but he refuse it. What will i do?

    Reply
    • Lawyers in the Philippines

      Hi Mae:

      You can file a cases for child support to compel the father to provide for the children.

      However, note that the amount of support depends on his circumstances.

      If he does not have a good income, then support can be limited.

      If he does have a good income, support can be requested. I usually suggest that efforts to come to a compromise agreement with the father first be attempted to see what can be done.

      If he refuses to speak with you, the DSWD or the barangay may be able to help.

      Reply
  15. Gail

    I am a filipino citizen single mom who wantstto file a case legally to the father of my daughter. I always say that I will sue him. And don’t believe it. He advise me to go file if I want since he don’t care.should I file it .what will I do.?

    Reply
    • Lawyers in the Philippines

      Hi Gail:

      Be sure that a case is what you wish to do before beginning.

      It can be a long process.

      Perhaps, efforts to come to a compromise agreement can be attempted first. The barangay and DSWD can help bring pressure to bear on the father to speak with you.

      If all else fails, then filing in court through the Public Attorney’s Office may be attempted.

      Reply
      • Mark

        Hi! I am australian citizen, and my ex gf is threatening me.That if i stop sending child support she will have immigration arrest me on my next visit. We are not together and have not been for a few years now. I am buying land and plan to build a house with my gf. I Have legal DNA to prove the child is not mine can i be arrested and what options do I have as i am 64 and plan to retire and will definately not have enough money to continue paying her.And I believe it not fair that i support another mans child …Can you advise me what i can do and if i can be detained or arrested.

      • Lawyers in the Philippines

        If you are not the father, you cannot be held liable if it comes to court.

        Note that buying land is not possible if you are a foreigner.

  16. Nemfss

    Hi im currently 7months pregnant now and im 20yrs old my ex-boyfriend is 29 yrs old. I still tried to continue working before however due to some complications on my pregnancy i was advised to stop working. Me and my ex-boyfriend already made an agreement in their brgy hall for child support. In that agreement its stated there that he will be sending the support every 15th and 30th of the month. However when i tried to remind him about the money that he supposed to give. He just blocked me in fb and my number so i cant contact him. Hes also calling me a slut whore. And even cursing me. When he was the one that is cheating he also posted a pic of me showing the upper part of my body. He created a dummy acc using my name and pics.

    Reply
    • Lawyers in the Philippines

      Hi:

      I’m truly sorry about the situation.

      Given your circumstances, it may be best for your to approach the Barangay or DSWD.

      If you need to file a case, you may also want to go to the Public Attorney’s Office in your local hall of justice to ask for free legal advice.

      Reply
  17. Anonymous

    Hi. I am so glad I was able to read this article. I have been searching the net on what to do to oblige the father of my child to give support regularly. He is giving inconsistently, I understand that he cannot provide if he is not on board as he is a seafarer. But for the duration of his contract, he is not giving every month. I want to file child support but do not have capability financially to do so. I have learned that he is now home. Can I go to their Brgy and summon him to appear as he refuses to have a word with me? He has a new family and the girl is the one replying to my messages. We are married but never lived together. Pls help.

    Reply
    • Lawyers in the Philippines

      Yes, you can go to the barangay to discuss this with them and ask for their help.

      Reply
      • Melanie

        Mga pamangkin ko po ages 9 and 11 yes old since naghiwalay yung mga parents ng pamangkin ko wala ng support yung lalaki its been 8 yrs na po tapos dahil sa instances na dinadalaw nya yung mga pamangkin ko without our knowledge nagdecide po kame na magfile ng manghingi na kame ng support sa bata kase sabe nya sa ate ko Hindi na daw po nya kelangan dumaan sa kapatid ko para maka usap ang mga bata and may bago pong kalive in partner yung tatay ng mga pamangkin ko nangengeelam po sya sya po nagdedecide kung magkano ang ibibigay sa mga pamangkin ko nakikisama din po sya sa usapan ano ano po Maya ang mga dapat ikaso sa kanilang dalawa salamat po

      • Atty. Francesco Britancio

        If you are determined to file a case, you can file a civil case for child support and a criminal case for economic abuse under RA 9262.

        However – please note that it might be better simply to come to a compromise agreement with the father.

  18. Jveh

    A child who is on legal age and working still hav the right to claim legal suppport to their jobless father?

    Reply
    • Lawyers in the Philippines

      Provided there is a reasonable need, support can be asked above the age of minority.

      Asking support from a jobless father is possible but support is apportioned from his income. Since the father has no income, no real support can be expected.

      Reply
  19. M

    Hello 🙂 Iam glad I have found you’re website here I also needed to file a case for a child support.we are not married and my ex acknowledged my daughter and she is using his surname,we are separated now and the father of my kid got married this yr.and he refused to give financial support and he is working now in Sydney Australia how can I sue him? Please help me,thank u and GOD BLESS U ALL 🙂

    Reply
    • Lawyers in the Philippines

      Will send you a email.

      Reply
      • 3M's

        Same case with me. The difference is that the father of my children is working here in Philippines and he got married i think 4 or 5 years from now. Please help.

        Thank you.

      • Lawyers in the Philippines

        Sent an email.

  20. Ara

    Hello,hope you guys are doing well upon receiving this message. I have 2 kids,11 and 10 years old. The father of my children is an OFW in Taiwan,this is his 2nd time working there and still his not supporting his children. We are not married but in my children’s birth certificate, it showed that we were. We have our own live in partners but I already have a child with mine. Can I still file for child support? The parents of my ex strongly declined for they are saying that I will just use it for the sake of my boyfriend and child from him(my boyfriend is working and been supporting us for 8 years)also, my children’s birth certificate contains false information, the person who registered these was already dead. What should I do? Thank you very much.

    Reply
  21. Anonymous08

    Hi, Good day!
    My husband is a policeman, I found out that he has 2 children with another woman that’s why I left the house, but prior to finding it out, I also experienced the same dilemma of being verbally and psychologically abused. Now, I am trying to reach out to him for the support for our 2 children ages 8 and 11, our eldest aged 17 yrs old is with him and he is making that as an excuse not to give for the 2 minors. And he kept on telling me that he has a lot of salary loans and that he is the one supporting the studies of our eldest daughter. I work in a call center here in Manila earning only 25,000 per month and my 2 children are in Laguna. Please help me as he kept on declining to give for our 2 children. May I know what are my rights as a mother?

    Reply
    • Lawyers in the Philippines

      Hi:

      At this point, the Barangay or DSWD can be involved to help the father come to a settlement with you.

      You may wish to try this before filing a case.

      Reply
  22. Tanya

    Hi, id like to seek your advise, thanks.
    I have a 7-year old son with Cerebral Palsy. I had him out of wedlock with my ex. E didn’t sign the birth certificate either. His father won’t provide consistent yearly expenses. A few weeks ago I mentioned to the father of my child that I will finally bring this to court. I am asking for 40k a month because of the needs of the child for therapy, tuition and other daily necessities. Then I asked for 40k and in exchange I won’t file a complaint against him. After negotiating, it seemed that he agreed to the amount said and he said he will send it through bdo account which he did but when I checked he only gave 20k. I asked why only 20k and he said it’s because that’s the only amount he can afford.lbut what’s confusing is that’s not what we spoke about. Then he said he never agreed to 40k. He keeps playing with me. Now I’m not sure
    If filing a complaint against him is a good idea or not. I need stability for my sons financial support. Also he is an Indian national who has been living here for years. He showed his paycheck to a PAO lawyer that’s says he earns 40,000 a month for allowance. It could be a fake payslip. I don’t believe it because he is the director of sales for a big company. He told me “something is better than nothing”. He said even if this reaches court, the expenses will be split 50/50. 20k is not even half of what is being spent for our son. He also does not want to take a paternity test. Can he refuse and how do I make the court make him take it. Can he also go to jail for not providing enough for his son? What if I don’t have a job or a stable job or what if I have a low paying job? Will I still be required to pay half? I’m also having money problems. So I can only ask for help from free attorneys at PaO or go to women’s desk or dswd. I just want my son to get what he deserves.

    Reply
    • Lawyers in the Philippines

      Hi:

      The situation is understandably difficult.

      A child is entitled to support from both his parents. The amount from each parent is in proportion to his or her capacity. If one parent has more income than the other, then he can be asked to shoulder more should his situation allow it.

      If you believe he is hiding assets or income, it can be part of the case to request an investigation of his assets/income.

      Should he have hidden income, then you may be able to claim more. In addition, the PAO might be able to help you work out how the amount can be paid and these enforcement measures must be discussed.

      Reply
  23. Susan

    Hi im glad I was able to open this site my delima is same as what others complaint I have a ex-live in partner due to some reason of mis understanding we got separated. We had one daughter a 2 months old daughter can I ask if I can filed him a case ra 9262. My ex bf is a marine surveyor a u.s base compnay but apparently his job aasignment is here in the phil. During mg pregnancy I wasnt able to received any support from him but that time we are in good condition and he is also working until now I gave birth with our 2months old daughter can I demand all the damaged/ all expensesincured while I am pregnant and a proper support to my ex-live in partner to his.illegitimate daughter, my daughter is using his fathers family name since his father acknowledge her. Can the support he obliged to support my child even if the case waa not filed yet? Ty hope to hear your reply asap!

    Reply
    • Lawyers in the Philippines

      Hi:

      Yes, it is often best to try to compromise with the father of your child before filing a case.

      The DSWD and the Barangay can often provide support/facilitate such agreements.

      Reply
  24. Anonymous

    Hi there. I’ve been thinking of pushing an action towards my son’s dad. We are not married, but my son’s surname is registered under his dad, he acknowledged and signed the birth certificate. My son is now 10 years old, and my ex-partner is already married with 1 child. They are living in Middle East and I am also based in Oceania region, and my son is with my parents in Manila. I am a full time single mother, in terms of financial needs specifically, not presently visible everyday but I make sure that all of my son’s expenses are taken care of. My ex-partner and I, as well as his wife, we are all okay, just civil. I tried so many times reaching out to them with regards to the child support, tried to be diplomatic and act as a proper educated person, but no response and no discussion from him with regards to the same. I used all the humble words, fine set of statements that could help him understand the situation and my point, leveling it to his understanding. But none of those clarified his senses. He once told me that he will not give any support to our child as he knows I am earning triple that what he is. He will only send material things like chocolates, toys, clothing, shoes (which are not really necessary, most as just wants but not needs) and cash like P3000.00 to P5000.00 (what can we buy with that amount nowadays?), take note only, during my son’s birthday or Christmas. This has been going on for the last 8 years. My concern is, it doesn’t matter how big my salary is and my earning ability should not affect his support to his son. My family and friends are advising me to bring the situation to the next level, however, I am still hesitant as I know it would take a lot of time, money and effort. One more thing is my parents are not getting any younger, and no one will be able to assist to process it in Philippines in the event that I am working overseas. I am not a rich lady who can pay the smartest lawyers in the country, I have other priorities to be taken care of firstly. It would be really grateful if you could please guide me on what is the best thing to do, the options, expenses, pros and cons and the percentage of getting what my son deserves. Thanking you in advance.

    Reply
    • Lawyers in the Philippines

      I will send you an email.

      Reply
      • Winter Charm

        Thank you very much. I will check the mail and will keep you posted. Happy New Year!

  25. Richelle

    Hello. I have a 7-yr old daughter. Her father is not giving any financial support since 2015 and we are not married. Recently, I asked him if he can already support our child since he already graduated from school (he’s 25years old, I am 26 and currently 4yrs employed) but he answered that he is still not capable due to lack of employment. But he also said, that his father (grandfather of my child), who is in abroad, can support my daughter provided that the child shall live with them. They want my daughter to live with them then they will support her fully. Of course, it is a NO for me. I want my daughter to live with me, and I want them to support my child. My daughter’s father is the only child, and her father is working abroad just for him so I think that they can afford supporting my child. And he is already matured enough to make himself a living enough to support the child.

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  26. Ms J

    Hi. I need some help if my 2 kids can have support from their father who now works on Canada. Our kids are grown up but have lack of financial support to start their lives as they were just left hanging. The 2nd child was never ever been given support and even humiliated. I need more information about this. Thank you and hope to get a response from your Law Firm.

    Reply
    • Lawyers in the Philippines

      Hi Ms J:

      As the child is fully grown, the responsibility of the father can be weaker than when the child is still a minor.

      A request for child support in this instance must have a reasonable need.

      The court decides what constitutes a reasonable need as such, so you must go to court after assessing the strength of the case with a lawyer.

      Reply
  27. LJ Flores

    Hello. The father of my son is not on his birth certificate as well as baptismal certificate.. I would just like to know if his signature on my son’s school and medical records as the father is an acceptable document to prove that he acknowledges my son as his? Also can we use pictures of him and my son, when he is still days old as well as school activities? We also have text messages between the father and son.

    Thank you in advance and more power.

    Reply
    • Lawyers in the Philippines

      Hi LJ:

      The family code provides specifies the birth certificate, a notarized acknowledgement of paternity or a private handwritten document.

      Other means can also be allowed but a lawyer will have to examine the documents to determine if they can be used for child support.

      Reply
  28. FLuzano

    Please help and guide on how to file for a child support for my 7 year old son with ADHD. I’m full time mom for the reason to attend my sons needs cause he needs more attention than a regular child. I was verbally and physically abuse by my husband including my son. I dont want to be back with him anymore because its not healthy for my son to witness such chaotic incidents. My husband is a seafarer please help on how to file a child support.
    Thank you and God bless us

    Reply
    • Lawyers in the Philippines

      Will send you an email.

      Reply
  29. Anonymous

    Hi, I have a daughter who just turned 7 last Nov 2018. His father is a PNP officer, last August 2018 I went to Camp Crame’s Women’s desk to ask for my child’s support but he only agreed to give P6,000 a monyj which is obviously not enough for my daughter who’s already in grade 1. Can this also be a case so that he will increase my child’s support? Thank you!

    Reply
    • Lawyers in the Philippines

      It is possible to file a case to increase child support.

      However, remember that cases do take time. It is often best to try to come to a compromise agreement with your ex-partner.

      Bring a summary of the child’s financial needs to the meeting. Discuss what the money will be used for. If you prefer, you may ask the Barangay or DSWD to help you.

      If no agreement is possible, a case can then be filed.

      Reply
  30. Angel

    What if I don’t have a copy if the financial statement of the father can I still file a case. What is the best time to file for support. How many months should he not giving support before a case is file

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
      • christi

        i have same question as this. can you send me an email of advice too?

      • Lawyers in the Philippines

        The financials I refer to are a knowledge of the assets and income of the father.

        When you begin the process, the barangay will need to know what the financial capacity of the father is. If you are well informed as to his income and can support this with proof, it will help establish what the father’s resources are.

  31. Anne

    Hello I want to file a case for a child support.we are not married and my ex acknowledged my son and he is using his surname,we are separated now and the father of my kid has another child with his new partner now and he refused to give financial support. my son is already 3 years old and he always refuse to give support. how can I sue him? Please help me,thank u and GOD BLESS U

    Reply
    • Lawyers in the Philippines

      If you are determined to file a case, you may approach the Public Attorneys Office to have them assess your case.

      Bring proof of paternity or the childs birth certificate if it names the father.

      You will need to be eligible to avail of their services as they are for indigents.

      Reply
  32. Bella

    Good day and Happy New Year. I am grateful for this website link. May I ask advise on the ff situation:

    I recently got married. The year before I met him,  my husband had a child out of wedlock. They separated with his ex-girlfriend and they made an informal written agreement for financial support, including amounts and age of the child. The amount has not been religiously followed since my husband had income difficulties, but he was still able to send money every week. After our wedding, the ex is now demanding that he follow the amounts in the written agreement. Here are my questions:
    – Is this informal agreement legally binding?

    – We have just realized, that the amounts promised by my husband at the time of the agreement were too big for him to afford. And we would like to have it adjusted directly by a legal counsel. Mutual compromise is not an option because the ex girlfriend is already very demanding of this prior agreement.

    – In computing for child support from the non-custodial parent (my husband), is there a usual recommended percentage from the income? Lifestyle for the child is middle class, currently 2 years old. My husband is also middle class. May I divulge his salary via email?

    – His ex and the child live in Luzon, while my husband lives in Visayas. If the ex files for legal child support, should she do it in her hometown court or my husband’s? If in Luzon, is my husband legally bound to go there? Shouldn’t that affect his job and earnings just for appearance? Or can he comply paperworks without having to travel?

    – Is it possible to have a child support legally computed in advance by my husband to present to the ex, to show how much he is legally required to give, before the ex can file the case?

    Hope to get enlightenment. Kudos!

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
      • Jo

        Same situation here. Can you please send me an email too. Thanks!

      • Lawyers in the Philippines

        Sent an email.

  33. Rita

    Thank you for the information you have shared with us, I have 2 kids and both of them are using there fathers last name , we are not married but we agreed that he will be supporting our children financially, and he’s been doing that for 6 years, but this year he refuses to continue supporting my children and bec. Of that i wanted know on how we can ask for a financial aid from him , my ex is filipinoamerican currently working as militar officer in the united states , i am working as a home base teacher and my salary is not enough to support both of them specially now that my youngest will start schooling this coming year . Thank you for your answer and god bless 🙂

    Reply
    • Lawyers in the Philippines

      Yes, you can file a case for child support in this situation, but you would need to file it in the father’s home country for it to be enforceable since Philippine courts have no authority over foreigners not in the Philippines.

      As the father is American, you would need to consult with American lawyers and possibly file a case there.

      Sent you an email with further details.

      Reply
  34. Zette

    Hi. Im married with 2 children a boy 15 yrs and girl 13 yrs old. My husband left us for 5 years now. He seldom gives support for our children which only ranges from P500.00 – P 1500.00 only what and when he wants to give. He is now with his new partner and he already introduced them to his mother. I want to file child support for my children for its been 3 years now that he hasn’t give regularly. He works as a freelance contractor and working with a family business. How can I file to oblige him to shoulder his children’s expenses for he earns much way higher than mine. I cannot afford to pay a lawyer for this my income cannot shoulder expenses which I will incur. Can you kindly help me?

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  35. margie

    hello! The father of my son US navy , my son using his surname , and he acknowledge in his birth certificate and his baptismal certification. can i file a child support , then when i give a birth to my son his here in Philippines until our son 8 months old. then when i know that his still married in US i just make a decision to leave him. because im scared of his wife. and then my mother want to fight the right of my son. so we got an agreement with his wife in municipality with sign. in our agreement he support 10 thousand monthly. first he support in the first month the succeeding month no more. Till i know that his back to the US, and now my son is 13 years old. What should i do now… please help me. how to fight right of my son.

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
    • Heart

      Hi, good@morning. I am a mother of a 5 year old child, seperated with his father for 2 years. He is a regular employee of Palawan Pawnshop. We already talk about his child financial support in the CSWDO. Settled that he will give monthly allowance if he becomes regular to work but nothing has been given since he became regular. After our conversation he only pays the tuition fee of 3k but the total school expenses total school expenses includes books, tuition and other extra activities is almost 15k. He never gave the childs monthly support. How can I force him to fulfill what he habe pledge? He almost have 20k salary. I dont have the money for lawyer because of unstable salary as of now. Please help me. Give me a little advice please

      Reply
      • Lawyers in the Philippines

        The Barangay and the DSWD may be of help.

        Bring documents proving paternity and also a write-up of what you need and what the father’s income is. This will help them understand the full picture.

  36. Karleen

    Hi, my seaman brother wants to be separated from his wife.They have 2 children 7 nd 2yrs old.Where will he go to file a child support agreement?does he have to give 70% of his salary to his wife monthly? Thank u

    Reply
    • Lawyers in the Philippines

      Hi Karleen:

      There is no amount specified by the law for child support.

      Instead, the court examines the needs of the child and the income of the father. The court then dictates the amount of child support to be given.

      Before filing a case, I usually suggest trying to come to a compromise agreement with the other spouse. The Barangay and DSWD can help bring the other party to the table and can also mediate.

      Reply
  37. Sher

    I am currently in the United States. I took my daughter with me. She is 7. My ex wanted a constant communication with her but decline to send child support from the Philippines. Is this a ground for a case? We are not married. My daughter is illigetimate.

    Reply
    • Lawyers in the Philippines

      Hi Sher:

      Yes, you may file child support in the Philippines.

      However, I often suggest going to the mediation process first and forging a compromise agreement between you and your ex-partner. It can be done with the help of the Barangay or DSWD if he is not willing to engage you.

      To prepare, you will need to gather documents showing proof of paternity. Also prepare a schedule of expenses to show the financial needs of the child.

      If a compromise agreement is not possible, then a case may be filed.

      Reply
  38. Dove

    Hi id like to ask when is the best time to file a child support? Im currently living with my ex boyfriend since I havent found a new place yet and the abusive toxic relationship we had is not fixable anymore. I’m jobless but I also pay the shared rent, electricity and wifi through my little savings but I spent most on the grocers/toiletries alone. he buys wipes, diapers, milk and vaccine for our baby. Were like a room mates, he has a very dysfunctional attitude that whenver he’s mad or frustrated he’d scream and bang his head on the wall. I couldnt raise my child around him. If I leave the property, how long should I wait to file? I have a blotter record of him in our barangay few months back and I didnt went back to retrieve it. I tried asking him 30k few months ago, but all I got in return was name calling. His first priority was his (MBA) and the condo unit he’s paying for his mother for 5 years (He applied one when I was 6month pregnant). he doesnt share obligations with our baby, he’s always asleep and tired from work. I find it unfair. Can you please help me? I really want to get out of this toxic relationship and move on with our lives. All i ask is for him to support our 7 month old baby. Thank you!

    Reply
    • Lawyers in the Philippines

      Hi Dove:

      You can file for child support at any time.

      However, I would urge you to try to come to a compromise agreement with your ex-partner first. The barangay and DSWD can help.

      If this is not possible, then you can file for child support at court.

      Bring proof of paternity. Try to put together an estimate of what your baby needs. Try to put together an estimate of what your ex-partner earns. All of these documents will help your case.

      Reply
  39. Lara mae

    Good day. My son is illigitimate and his father gave us monthly allowance eversince. My question is, He will be graduating in Senior highschool this year. We don’t have communication I only message his wife for the needs of his son and the wife will send us. She said to me that my son is turning 18 and needs to work because maybe his father is planning to retire (captain of the ship) andcthey don’t have money to send the son to college. (They don’t have any children) My big problem now is my son still have the right to ask for college education? The father is rich. This makes my nights sleepless. I will wait for your reply. Thank you very much and God bless.

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  40. Karina

    Hello. I have a 2 yr old son and his father had not given financial support during my pregnancy until he has a work but rarely gives his earnings instead, his parents do so. We are not married and he left us just after I found out I was pregnant. I also had experienced verbal and emotional abuse after. He was not in my son’s birth certificate and my son bears my surname. He even said he withdraws his responsibilities as his father and doesn’t come to talk for financial agreements. His parents gives us monthly allowance of 2k which could now be insufficient as I am sending my son to school after his 3rd birthday. Pls help me on how can I ask for child support? What evidence and documents do I need?

    Reply
    • Lawyers in the Philippines

      Dear Karina:

      Proof of paternity must be established before any request for child support.

      If he is not in his son’s birth certificate, and Affidavit of Paternity or a Private Handwritten Instrument can be accepted. Another way is if the child is named as a beneficiary in any insurance or social security benefit.

      This is will then establish who the father is, after which child support can be asked for.

      Reply
  41. Anonymous

    Im the father and my son is with me since birth
    We got seperated and the only reason were communicating because of the child. I would like to ask if its legal to ask a support like a 50-50 support since we have the same amount of money/ salary. It just so happen that in my case its rare. Most of the cases here is the mother has thw child but my case is im with my son since birth.

    Reply
    • Lawyers in the Philippines

      Yes, it is possible.

      The law states that both parents are responsible for the needs of the child.

      Reply
  42. Rianne

    Hi, it was a good thing I came across your post as I was looking for answers to my problems. My son’s father is a Korean residing here in the Philippines. He used to support our son properly, but now it became insufficient and inconsistent. I want to file a complaint but I’m scared that he will stop supporting my son all together because of it. I am unemployed as he said I don’t need to work and just take care of our son. He’s also in a relationship now and has a child on the way. He blocked my number that’s why we can’t communicate properly. He also transfers dwellings often. What’s the best action I can do legally for him to support our son consistently? My son will start school this year. He’s a business man by the way. He always says he doesn’t have money but his actions and his girlfriend’s facebook posts prove otherwise. Thank you.

    Reply
    • Lawyers in the Philippines

      I sent you an email.

      Reply
      • Sarah

        Hello! I have exactly the same problem with Ms. Rianne here.

        I’m unemployed currently because I can’t find a nanny to take care of my two kids, 7 and 3. Their father’s support is insufficient and inconsistent as well. I want to file a complaint but he always insists that he’s also unemployed. He’s in a relationship right now. He blocked my number and Facebook account that’s why we can’t communicate properly. Him and his girlfriend are now living together. What’s the best action I can do legally to get child support? By the way, they always go out-of-the-country trips and insisted that his girlfriend pays it all. Thank you.

      • Lawyers in the Philippines

        The best action depends on the situation, the character of your ex-partner, and the documents that you have.

        Some people have success at the Barangay level and the DSWD.

        Others need to go to court.

  43. Single Mom Fighting

    Good Day, I want to file for child support but it lost and honestly don’t know where to start. The father of my child has never provided a single cent since our son was born who is now 6 yrs. old. My son carries my surname and the father of my son did not sign the birth certificate as well. Hoping you would be able to provide me guidance and assistance.

    Reply
    • Lawyers in the Philippines

      Hi –

      It is first important to prove that the father is actually the father of your child.

      The proofs needed are: the father’s acknowledgment on the birth certificate, Affidavit of Paternity or a Private Handwritten instrument. If the child is a beneficiary of a life insurance policy, this may also help. A DNA test also provides supporting proof.

      It is important to first prove paternity to file for any child support.

      Reply
  44. Rey Navato

    Good day i would like to ask how about if my ex-wife is already receiving 20k a month for my 4 yrs old and asking for additional money and to add I’m the one giving tution fee for my son can i file a case to her.
    She have a decent job and good salary which is since birth I already giving 20k a month what should i do?

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  45. marianne

    Hi. What if the the father claims he is unemployed?

    Reply
    • Lawyers in the Philippines

      If the father is unemployed, filing for child support will not result in any actual support.

      If the father claims he is unemployed but is actually employed, you will have to investigate to refute his claim. Evidence should be gathered and presented.

      Reply
      • Bernadette

        what if during the time of my(wife) filing for economic abuse, the father resigned from work and went back home under his mother consent, giving him all he needs and actually not making him pursue to work to give financial support? can i pursue my case?

      • Lawyers in the Philippines

        You can proceed but if the father has no income, then it is likely no child support can be given.

        It is from the father’s income that child support is allocated.

  46. IamTheWOman

    Hi, im glad i came accross your site. I was married like almost 14 yrs ago and been separated (not legally) for about 12 years. He never provided for his child, i used to send him messages before to ask. Til i got tired of it. Til i saw him with a new partner and they have kids. He gave a few money for tuition fee then that was it. Whenever i ask, he would give me a hard and would just give whenever he wants to, like P600 after a few months. Please help me, i wanna file a child support. i need help! What can i do to get started?

    Reply
    • Lawyers in the Philippines

      Hi:

      In many cases, the DSWD and the barangay can help you at least have a conversation with the father.

      This may help bring you to a compromise agreement. A compromise agreement is often best in many cases.

      Should a compromise agreement not be possible, you may wish to go to the PAO or a free legal aid clinic. However, note that they only serve those with monthly income of P14,000 in Metro Manila, P13,000 if in other cities, and P12,000 for other Philippine locations.

      If you are not eligible, a private lawyer would be the only solution.

      Reply
  47. Ellie

    Hi, im a single mom with a 3yrs old son, as ive read the other posts here asking for possible child support you mentioned about the need to establish first the relation of the father to the child if he didnt sign on the birth certificate, my question is how can i file the affidavit of patternity? Do we need to have dna test to proved the patternity, what if he refuses to undergo the test? In the case that he agreed to support the child bt with the condition that i will change my son’s surname to his name and i refused can i still demand a financial support from him? please enlighten me., thank you

    Reply
    • Lawyers in the Philippines

      Hi Ellie:

      An affidavit of paternity is an affidavit executed by him acknowledging the child. It is a notarized written document stating paternity.

      A DNA test may help but he must of course be persuaded to undergo this.

      Regarding your question of whether you can demand financial support when you refused to have your son carry his surname, this is possible. However, it must still be proved that he is the father.

      Reply
  48. Anonymous

    Can an ex wife (legally annulled) file for child support if the son is already 18yrs old? If the ex husband is already married, where will the support be based on?the ex husbands income or the income of both the new wife and the ex husband?

    Reply
    • Lawyers in the Philippines

      You can ask for support above 18 years old but this must be supported by a reasonable need as it is more commonly requested for the age of minority.

      This would then be brought to court for the judge to decide if this reason is valid.

      If there is a request for support, it is the father’s responsibility to meet it and not his new partner.

      Reply
  49. ConfusedMom

    Hi Atty. My partner and I weren’t married but our child is legitimate. He has birthcertificate under his surname with my partner’s signature and Baptismal certificate. We are living in together since my pregnancy, and now were no longer happy to each other due to his anger management and dysfunctional character. When it comes to financial, He dont prioritize us but his studies (MBA) or courses/trainings he wants to take. He’d buy diapers in bulk, milk, baby wipes, and other baby stuff. And since were no longer happy seeing each other everyday, I plan to move out since I moved here to be closer to him and his family. My question is what is the first step should i make and what should be my demands for child support? He is now earning 60k and refuses to support 30k a month because he has payables (Studies/Trainings/Travel funds/

    Reply
    • Lawyers in the Philippines

      Try to negotiate a compromise agreement with the father.

      Note that he is not obligated to give 50% of what he is earning – the law states that the amount to be given is informed by the father’s income and the needs of the child.

      Reply
  50. Andrew

    Good day! My name is Andrew, 22yrs old. Just today my ex live in partner send me a summon, asking for a child support. We have been separated for almost 3years now because I caught her cheating. Now that I had recovered from my past, got a new live in partner (which is currently pregnant with my child) and got a new job with a minimum salary. My ex live in partner wanted to go in college, telling us that she cannot support the child alone while studying. She asked 50% of my salary. I didn’t refuse to support my child but I wanted to support according to my means. I can only provide a little since my current live in partner is about to give birth next month and I have other expenses like boarding house, motorcycle and I’m supporting my old parents too. How can I calculate my supposedly child support on my ex’s child? Can I gave any amount instead according to my means? I badly need an advice. Your reply is highly appreciated. Thank you!

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
      • Mike

        Same here. Can you also give an advice?

      • Lawyers in the Philippines

        The court is the only one who can decide how much support a father should give.

        The amount takes into account both the needs of the child and the means of the father. Thus, if the father has no income or very little income, this will certainly inform the amount requested.

      • Arman

        Hi, I am also in the same predicament. My cheating partner did not want to settle our differences outside the court of law. However, I do not have any means to pay a lawyer to help me out. Need your advice please. Thanks!

      • Lawyers in the Philippines

        Try to work with the Barangay or DSWD.

        If you must file a case, work with the PAO.

  51. Aki

    Good day! My husband had a son with his ex-girlfriend who is now 7 years old. The kid’s mother never showed up, never sent anything for his, not even a greeting on his birthday. Can we demand child support from her?

    Reply
    • Lawyers in the Philippines

      Yes. Both parents are responsible for supporting their child.

      Reply
  52. Samantha Reyes

    Good day. My husband had a 7 year old daughter from her ex live-in partner. They were together for 7-8 years but separated because of misunderstandings. I am pregnant and unemployed that’s why he shouldered all our expenses resulting to little support for his daughter who is living with her maternal grandma in the province. The ex partner is living with another man in NCR, is supporting their child. They are threatening him that they will file a case to imprison him. My husband is under pressure since he is the only one providing the needs of our family. He tries his best to earn more by overtime at work to send money to his daughter. What can we do about this if they push the case?

    Reply
    • Lawyers in the Philippines

      Your husband’s income is the absolute limit of what can be asked for.

      Support for a child can only be taken from his income and if more is not possible, this must be made clear to the mother.

      Explain your household needs and expenses. Show the amount that your husband earns and what it is allocated to. Present proof that he has fulfilled his obligations to his daughter as best as he can.

      If this is not enough and they file a court case, you may then have to engage legal counsel.

      Reply
  53. Anonymous

    Hi, I’ve been reading articles about filing for a child support. My ex and I broke up since 2011 and he have not provided any support to our son. I have a low income which is just enough for daily expenses. This got me thinking that I have provided my ex the leisure of living without responsibilities. So Im needing some advice on how can I file for child support and what are the initial do uments needed for it. Thanks in advance.

    Reply
    • Lawyers in the Philippines

      Hi:

      In the post above, I mention several documents and how to file for child support.

      In general however, you will need to prove paternity and then engage a lawyer if you want to pursue a case. I usually advise that a compromise agreement first be reached before going to court.

      Try to work with your ex to a common understanding of his financial capabilities. Engage the DSWD and the barangay if needed.

      Reply
  54. Syne

    Hi,
    I am currently working here in Manila and got separated from my husband in the province in 2013, we have a 12 year old son who is living with my parents in the province. do i need to go home to our province to file a child support for our son?

    thank you.

    Reply
    • Lawyers in the Philippines

      You may file child support from where you currently live.

      Reply
  55. Pamela

    Hi. I am a mom of a beautiful 6-year old daughter and a former battered ex-wife to a Malysian-Chinese national who has been working here since 2010. He was taken out by the Makati Police from our ancestral home here in Makati, and was very much in denial of his past behaviors towards me. It has been more than 2years that he had abandoned his reponsibilities as a father to our child, threatened to take her away once he shows up next. I have been in touch with him just last week, refusing to settle his failed financial obligations towards us. What is the first step I should take?

    Reply
    • Lawyers in the Philippines

      You can file a court case, if you deem that the best course.

      If possible though, it is best to settle this issue through compromise.

      Reply
  56. Crystal

    Hi, good day. I wanted to ask for legal assistance.
    My ex and I got Separated when I was 4 mos pregnant. I caught him with other woman. Not just once, and he has history of infidelity even before I got pregnant. And he abandoned me since I left their house and broke up with me him.. I left theirhouse to protect myself and my baby during my pregnancy because I had series of spotting because of all the stress and emotionally distressed because of what happened to me to us.
    I had 8 years of On and off relationship with him. He’s a married guy and got separated with his ex and they have 2 kids.
    I didn’t gave his surname to our daughter because of what he did to me.
    He just showed up when I gave birth.
    My daughter is 7 months old now.
    I’m a freelancer sometimes I don’t have any projects which I’m worried that I can’t provide enough for my daughter and badly needed his father’s financial support.
    I wanted to give my daughter her right for his father’s child support.
    I would like to ask for legal advice or help.. Thank you in advance

    Reply
    • Lawyers in the Philippines

      Hi Crystal – you will need to have proof of paternity before anything is done.

      Usually, proof of paternity is if the father acknowledges the child on the birth certificate or if a Private Handwritten Instrument was made, or a Affidavit Acknowledging Paternity. DNA tests are also supporting evidence but the father will have to consent to have the test done.

      Without proof, it will be difficult to claim support.

      Reply
  57. Mark

    Hi, good day. i just wanna ask, i am a father to a daughter and her mother and i are unmarried, what are the obligations that i need to face/do legally? well i acknowledge the child my surname is on her birth certificate and i do not have the intent to leave the child without supporting… i just wanna ask because i want to know the legal obligations and legal cases that i’m going to face in this case…i’m a policeman and i just want to be responsible as a father so please give me advice on how will i face the family of the mother of the child… Thank you and GOD BLESS

    Reply
    • Lawyers in the Philippines

      You are obligated to give support for your child. The amount depends on the child’s needs and the father’s income, which only the court can decide.

      You can certainly face a case of child support or against RA 9262.

      Reply
  58. Unknown

    What if the father can’t give support because he is jobless at the moment ? when he has a job he provides support for the child. Can the father appeal how much he can give base on his salary and other expenses. I mean he has another kid from different woman.

    Reply
    • Lawyers in the Philippines

      Yes, the father can explain to the mother what his circumstances are and discuss the situation with her.

      The law provides that child support is balanced between the needs of the child and the income of the father.

      Reply
  59. Anthony

    My girlfriend has a daughter with a foreign father. He spends a lot of time in the Philipenes as he has a wife there. Would it be possible to file a support case agaisnt him, while he is the philipines?

    Reply
    • Lawyers in the Philippines

      Yes.

      Reply
  60. rosario

    hello. this really is an eye opener.
    My kids were abandoned by their father without support for 15 years. now my son is 18 but has an emotional and psychological condition. ayaw magpadala ng diretso para sa anak niya but sent it to his cousin. now my son has a check up pero di naipunta namin dahil hindi tumupad sa usapan ang tatay niya. nag uusap sila ng anak niya which pangako siya ng pangako na nakakaapekto sa utak at pag iisip ng bata.

    Nasa custody ng nanay ko ang bata dahil nandito po ako sa manila to work paramasuportahan ang pangangailangan nila and kailangan ng magbabantay sa kanya from time to time.

    Maaari pa po ba kami magfile ng child support?

    Reply
    • Lawyers in the Philippines

      In general, child support is filed during the child’s age of minority.

      If it is filed above the age of minority, then a strong reason must be found.

      The court will then decide on this based on the reasons and argument presented.

      Reply
  61. Zee

    Good day! My husband has a daughter from his previous marriage who is 18 years old, living with the mother. 2-3 years ago, there was a court order that my husband should be giving financial support of that much & that there will be a 50/50 share when it comes to schooling, medical/dental,etc. After the daughter graduated grade 10, mother & daughter had a fight & daughter decided to run away & stay with us. Upon enrolling for senior high, backlog payments from grade 10 wasnt paid by the mother. Now that daughter is with us, mother said that my husband should pay for everything, since daughter is living with us. The mother hasn’t been giving any financial support (schooling/tuition) since the daughter lived with us. Now, the daughter is seeing her mother again & stays/sleeps with her for days & daughter has also been demanding too much from my husband considering shes already 18. May I ask how old should child support end here in the Philippines?
    What happened to the 50/50 share on court order, can the mother be sued?

    Reply
    • Lawyers in the Philippines

      Both parents are responsible for the needs of the child.

      In general, the age of minority is particularly important. However, if there is a strong reason/reasonable need past the age of minority, support can still be requested from the court.

      It will then be the court’s decision whether or not to grant this support.

      Reply
  62. Brenda

    Good day! I have a Son 2 years old. We have been living together to sometime. But I decided to leave because we always have an issue. He is not working, he is just waiting for his so called boss to give him money whenever he needed. Last year we had a fight, and I decide to leave with my son. At first he doesn’t want to send support, but eventually he send 5000pesos every after 15 days. Sometimes he misses. And he will start counting how much he has given me for supporting our son. Sometimes he will tell me he will get our Son and he will go to court. We have been okay and I decided maybe i should give it a try again. And there he is again with his drinking habits. We cant even buy new clothes for our son even once a month. After my birthday we had a fight and i left again not wanting to go back anymore. My sons father is a foreigner he is now in Philippines. He challenged me again to go to court. I wanted to do that so there will be enough support for my son. But i dont have the capacity to pay for a lawyer since im still looking for a job. What should i do?

    Reply
    • Lawyers in the Philippines

      Filing a case depends on where the foreigner lives.

      If he lives in the Philippines, you can file a case here with the help of the PAO.

      If he lives abroad, it may be best to file the case abroad.

      Reply
  63. Marian

    Good evening! My name is Marian. Just today my live in partner received a summon from his ex-wife, asking for a child support. They have been separated for almost 6 years. My live in partner is always giving her 2,500 pesos every 15 days. And from what i know, his salary in a month is more or less around 15k. From the summon that he receives today, it says there that she’s asking for a child support amounting to 17k+ every month. She’s asking money which is more than higher than my live in partner’s salary. My partner wanted to support according to his means. He can’t provide that big since he have other expenses like house rent,daily food & transpo allowance. By the way, my partner & i is sharing the expenses. Mine is 70% of the expenses & his is 30% because he’s just a minimum wage earner. He’s also supporting he’s mother & siblings too. As far as i know, his ex-wife have a better job that earns more & she also have a business. How can we calculate he’s supposedly child support on her ex’s child? Should he give the amount that he’s ex-wife is asking instead of according to his means? And also, where can we go to ask for guidance & help. We don’t have that much enough budget to pay for an attorney. We badly need an advice. Your reply is highly appreciated. Thank you!

    Reply
    • Lawyers in the Philippines

      Hi Marian:

      I always suggest people to speak to the DSWD, the Police or the barangay first before going to court.

      If your partner has consistently given support and has done the best he can to provide within his means, then it is important to highlight this.

      The law states that the amount of support given is what the father can afford and what the child needs. Both aspects will be considered and the court will then determine what is needed.

      Reply
  64. benedict

    hi, i have a 14 years old son, with my ex girlfriend, im a seaman, just want to know how much do i have to give every month for my son monthly support base on POEA agreement? my monthly salary is $1600/month,

    Reply
    • Lawyers in the Philippines

      There is no set amount that the law mandates.

      The law states that the amount of support should consider what the child needs and what the father can afford.

      The court determines the exact amount after listening to both sides.

      Reply
  65. Einnis

    Hi. Gusto ko po sanang humingi ng advice. May 3 anak po ako sa una kong partner. Yung 2 bata po nasakin dahil nag aaral po. At yung bunso eh nasa nanay po. Pero hinihiram hiram ko po ang bunso kong anak ng isang linggo dahil nag karon kami ng kasunduan ng ex ko na isang linggo akin ang bata at isang linggo din sakanya. Kumbaga nag sasalitan kami sa bunso. 1 taon na pong nasakin ang 2 kong anak pero niminsan hindi nagbigay ang nanay ng mga ito ng sustento sakanila. Naiinti dihan ko naman dahil nasakanya ang bunso kong anak. Ngayon po ay nais po atang mag sampa ng reklamo ng ex ko dahil daw po hindi ko sinusustentuhan ang bunsong anak ko. Pero, tuwing nasakin po ang bata ay ako ang nagsusustento sa gatas at diaper at pagkain ng anak ko.Ang tanong ko po, kailangan po bang ako lang ang magsustento sa lahat ng anak ko kung sakaling kunin nya sakin ang 2 bata? Hindi po ba pwedeng mag trabaho ang ex ko para hati kami sa sustento? may nabasa din po akong article na nagsasabing dapat po ay parehong magulang ang magsustento sa mga bata. Tama po ba yun? Ang gusto nya po kasi ako lang ang magsustento. Wala naman pong kapansanan ang ex ko. Driver lang po ako ng UV at hindi po ako araw araw nakakabyahe. Maliit lng din po ang kita ko. Pareho na po kaming may bagong kinakasama ng ex ko.

    Reply
    • Lawyers in the Philippines

      Both parents are liable for the needs of the children, not only when the children are with them physically but also when apart.

      Reply
  66. Einnis

    What if my ex partner refused to give support? Lagi nyang dahilan sakin e’ ako lang daw po ang may obligasyon na magsustento sa lahat ng bata. She’s capable to work, pero she refuses na mag trabaho at gusto iasa sakin lahat. And she’s threatening me that she will file a case against me and kukunin nya ang 2 bata sakin. What is the best thing to do po?

    Reply
    • Lawyers in the Philippines

      Both partners are responsible for the needs of the children.

      Speak to your ex-partner. Come to an agreement. If necessary, involve the barangay.

      Reply
  67. Samuel Sta. Ana

    Hi Im Samuel…i have 1 daughter she’s already 5 years old..if my ex ask for financial support for our child how much do I have to give?537pesos per day is my daily salary.We are not married.Is there an exact amount for how much is my responsibility to my child?pls answer me,thank you and Godbless.

    Reply
    • Lawyers in the Philippines

      There is no exact amount. The amount awarded for child support depends on the needs of the child and the income of the father. The court will listen to both sides and then determine the amount.

      Reply
  68. Mrs

    Hi,

    My husband has an illegitimate child who we want to give child support to, but with the following apprehensions:

    1. How do we ensure that the child support money is spent SOLELY for the needs of the child and not her mother’s other children or herself?
    2. My husband is currently unemployed. As it was a mutual decision for him to stay at home and take care of the children. Does the mother of his child have the right to come after my income? Or does the fact that he is unemployed come into play?
    3. Can we ask for a full accounting of the child’s monthly expenditures to compute for the child support amount?

    Thanks.

    Reply
    • Lawyers in the Philippines

      HI:

      1. This is very difficult. In some cases, the father will decide to spend on rent or shop online for groceries that are needed to ensure that the basic needs are taken care of. In other cases, he will decide to spend for tuition. However, child support will in some way always also support the mother of the child as she is the child’s primary caregiver and will also need to be in fit shape to care for the child. You may have a formal agreement stating such arrangements and also penalties should these arrangements be transgressed.

      2. No, she has no right to your income.

      3. Yes, you can.

      Reply
  69. Arra

    Hi there. Need some advice please. My ex-partner and I had a 1yr old daughte. By chance, I found out that he’s married and has a 3yr old daughter. So it means that our daughter is considered an illegitimate child. He’s giving support, buying milks and diapers and a cash of 1,500php. Which was never enough. I am jobless, ’cause no one would take care of my daughter. I dont have any means of supporting my daughter’s need. I badly want to demand financial support. But I really lacked of information about this. Is my daughter eligible for her dad’s financial support? What I want is to have a fixed amount of financial support. Its been hell asking him the support that my daughter needs. I dont really know. What to do and where to start. I am even threatening him for the support that i am asking for our daughter. For God’s sake. Per him, he’s not even afraid of getting sued or what. I just dont know what to do. Please help me.

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  70. Anonymous

    Good day! hello! My husband and I were married in a Civil Rights last August 13,2002. All things are doing well after our wedding.He has been a good provider to us. Until April of 2008, he requested me to quit my job and take my full time as a mother to our daughter. I agreed to my husband request, since during that time my daughter is ready for school. August 2008, was his scheduled flight boound for Dubai, UAE.The first few months 0f 2008 and early part of 2009, were okay. We are recieving our monthly allotment. Until the middle part of 2009, he stops sending his suppport to our child. During those times, i keep on sending him messages, talking over the phone and asking him what is the problem. He would always says that there is no problem in him, he just only want to pay his unpaid loan left to a financial company here in the philippines. Again and again i would beg him to send us money for during that time i do not have a job. He stopped communicating with us after we talked last 2009.Unclear to me what is plan to us, I decided to look for a job and fortunately I was hired in an Internation NGO (2 yrs) and DSWD ( November 2014 till December 2018). He continues to ignore us until now, we does not recieved any financial support for my daugther. Last December 2018, I’ve tried to send him a message informing him and I even beg him to support our daughther because my work with DSWD has ended last December 2018. He continue ignoring my message.Last January my daughter was diagnosed to have postive for dengue, again I’ve tried to reach out to him to help me for the medical check up and medicines. But still no response recieved from him.. My daughter is still minor and needs his financial support for her daily needs.

    Please help me sir/mam of actions what should I do regarding my husband
    Thank you.

    Reply
    • Lawyers in the Philippines

      I’ll send you an email.

      Reply
  71. Ray

    Ano po ba ang dapat gawin kapag may mag sue sayo ng lack of financial support sa batang di mo naman siguradong anak mo talaga dahil di mo lubos na kilala ang ina at wala nman kayong relasyon kundi may nangyari lang sa inyo at withdrawal pa pero pinipilit na nabuntis ko ito at ako ang ama.May laban ka ba kung sakaling di ka nman nakapirma sa acknowledgement of paternity or sa Birth Certificate nito?

    Reply
    • Lawyers in the Philippines

      If the child is not yours, then there is no obligation to support the him or her.

      Reply
  72. Zaire

    Hi.

    I want to file a Child Support to my ex.
    Is it possible that it will file directly to the court?
    What is the best and fastest way so that I could get a Child Support.
    Which is better private lawyer or public?
    How much it will cost me to do so and also the process to get started.

    Reply
    • Lawyers in the Philippines

      Yes, you file child support.

      You will need one of the following proofs of paternity – the father’s name on the birth certificate, the affidavit of paternity or a private handwritten instrument acknowledging support. More information on these documents can be found on the PSA website.

      You can certainly file at court but I usually recommend that it be first tried through non-court means such as the barangay or DSWD.

      If your goals can be achieved without court, then all the better.

      Public lawyers are heavily burdened and can have more than ten times the caseload of a private lawyer. However a private lawyer costs more.

      I’d first suggest going to the PAO (if you are qualified) and getting their assistance.

      Reply
  73. anonymous

    Hi my brother is in Phils and have 2 kids 6 and 4 years old and not married to his partner. His partner filed a case under art.9262 verbal and physically abused, has a gf etc. but all of these accusations is not true. But my brother is the the one who is paying all the expenses. Seems she is pushing my brother to leave them because she has a foreigner bf and this guy always sending her money and balikbayan box and they have a plan to do business together when the foreigner will retire in Phils. Do you think my brother has a chance to win the case? About his kids are number one he always support them anyways. Please help. Thank you

    Reply
    • Lawyers in the Philippines

      It is not possible to determine who will win a case if not very familiar with the details and the situation.

      However —

      It is never a good idea to falsify information and present this as evidence. If you brother can prove these are falsified, if he has a good attorney and if the judge understands his argument, then this would go some way towards reducing his risk.

      Reply
  74. Ferdie go

    Hi im a father and i have a son and we are not married .i currently regularly give support to my son who is four yrs old. I dearly miss my son soo much and i dont know what is my rights since we are not married . I get mix informations . The mom is also have 2 kids from different father and i do not know how he is living since i was not given visitation rights only video of my son thru messenger. They live in mindanao so even video is rare since the internet is hard. I was told that when my son turns 8 he has a choice to pick who he wants to live.. please advice i dont know the law about unmarried who had a child thank you

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  75. Claire

    Hi, my partner and I were not married, but we had a son almost 5 years old now. I gave birth way back 2014 and we separated way back 2016. I got the live birth of child bearing his last name as well. since we separated he did not provide any financial support. I always got the blame of what had happen. He also mentioned that if we are not together he will not provide for the child. it’s been 3 years now no support at all and I am the only one supporting my child. I also ask him even though 2k per 15 days will do for me coz I have a job but still he insisted. I would like to know how to proceed.

    Reply
    • Lawyers in the Philippines

      You can file for child support but I suggest first trying to work through the Barangay, DSWD and the police.

      These agencies might be able to help you and court might be avoided.

      Reply
  76. Anonymous

    Hi i’m very glad to have found this page. Just recently about 4 to 5 months ago I found out that my wife have a huge amount of debt from banks to other peoples. As her husband I tried my best to help her but it was never enough for her and it eventually lead to our separation. Now even though Im providing my child with basic needs, she is asking for child support which I’m willing to provide but I don’t want her holding that money . I want to directly pay for everything like education, transportation, food & clothes. She refuse that agreement and threatened me that she’ll file a case and demand 50% of my salary. I just want to know if I can do something about it. And another thing is I caught her cheating on me with my bf and I have proof.

    Reply
    • Lawyers in the Philippines

      How you pay child support can be worked out between you. If it fails, then the court can then decide on this matter.

      In addition, the amount for child support depends both on the child’s needs and your income. The court also decides how much this is after hearing evidence to come to a fair settlement.

      In your case, you may wish to just go ahead and file annulment. Annulment both ends the marriage and settles any child support issues. This can then help you start with a clean slate.

      Reply
  77. Joan Olorosos

    My ex is my co worker at my past company. When I got pregnant he decided to study. He did not able to support my child due to his status and my babies are twin. I really need a support.

    Can I file a case once he refuse to support my baby?

    Reply
    • Lawyers in the Philippines

      Yes, you can file.

      However, it is always best to see if it can be resolved first without court.

      Reply
  78. Karen

    Good day atty!it will be one year next month since we have a compromise agreement with my husband at the prosecutor’s office that he will be giving child support if he will be on board because he is a seaman,but until now he’s still in town and not looking for work so that he can give child support to our 2 kids and I called his company in Manila the crewing manager said he already withdraw his papers,atty what if wala na talaga syang balak magtrabaho or maghanap ng trabaho can I still sue him kahit ang agreement namin is magbibigay sya if on board na sya?and also I know that he is only relying and staying to his parent’s house.How about his obligations and responsibilities to our 2 kids if he wont look for a work?please help me atty..thanks

    Reply
    • Lawyers in the Philippines

      If he has no work, then even if you win a case for child support against him, you will not receive any child support since this amount would be taken from his earnings.

      Reply
  79. Anony

    Hi Atty! Good day! I just want to ask for some advice. I am a father of a 4 year old son born out of wedlock. I’m currently working here in Dubai and her mom is in the Philippines. Every month i’m sending support to our child, but now I’m skeptic to send the money directly to her because i’m doubtful that it is spent to my child needs only. Is it fine that i will be sending my support thru my parents?. They are living on the same barangay but different house. I am not quite sure if she will allow on that condition. She’s having a new relationship now with different guy. I just wanted to make sure that all may remittances will be spent to my child only. Any advice please. Thank you in advance

    Reply
    • Lawyers in the Philippines

      Many fathers have the same concern.

      The majority of the child support must go to the child, but it is an inescapable fact that for the child to be well cared for her mother must also be adequately provided for. If the mother is not in good health, then the child will also be neglected.

      As such, some of your child support will end up with the mother.

      However —

      I know that it is possible to negotiate that the father pay the child support directly to the rental company, the online grocery or order medicines and pay for them as needed.

      Whether the mother accepts this then becomes a matter for negotiation.

      If you cannot negotiate with the mother, then you must find an unbiased 3rd party to be able to negotiate on your behalf. This can help remove the emotion and bring you closer to a settlement.

      Reply
  80. Sheryl

    Hi. I would like to seek your advice on my situation. I have a 5 year old boy. He hasn’t given any support of his biological father since I was pregnant. Only now that he’s working in Malaysia, he was able to give twice in a year. What do I need to do to make the Child Support legal considering that he’s working overseas? Does the Philippine Embassy/ OWWA can give help regarding this matter if the father won’t be able to comply with the support? Thank you.

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  81. Keimjhorie

    Good Day! i’m planning to file a Legal separation from my husband and a child support for our 2 years old daughter. We are legally married. For four years, but in that for years time sobrang nagtiis ako sa ugali nya na hindi maganda. He abuse me verbally, all our neighbors are my relatives.. nahihiya sila na marinig lahat nung mga masasakit na salita na binabato nya sakin. Sinabihan pa nya ako ng pokpok, na hindi naman totoo, cause I’m working in a clothing line company since before mag-meet kami. Tapos madali sya magalit sakin, ayaw nya na nagtatanong ako sa kanya. And everytime na mag-aaway kami. Lagi nya ako tinatakot na maghiwalay na kami. Sobrang naaawa na po kasi ako sa sarili ko. Ano po bang dapat kong gawin? He is a seaman in profession, still on board. Please, Help me po.

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  82. Gelyn G Villanueva

    I would like to ask you personally..are you available to talk ?

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  83. Mars

    Hello

    Good evening po. Gusto ko po sana humingi ng tulong sa inyo para sa anak ko. May ex gf po ako, nagkaroon kami ng anak na lalaki, 7yrs old na po sya pero hindi kami kasal. Sa akin po naka apelido yung bata. Pero dahil hindi na po kame nagkakaintindihan, naghiwalay po kami 4 years ago. May boyrfriend na sya at may girlfriend na rin ako – may kanya kanya na kaming buhay. OFW po ako dito sa UAE at consistent naman po ang pagpapadala ko sa bata, pero since mahirap po kausap ung babae, at palagi po ako pinapahiya sa social media at binabaliktad ako na hindi ako nagpapadala. Natuluyan kami nagkasira at hindi ko nakakausap ang bata. Nahihirapan po ako kasi ung bata ang naiiipit sa mga pinag-gagawa nya. Ipinagdadamot din po niya sa tuwing uuwi ako every year sa Pinas. May right po ba sya na kasuhan ako? Or pwede ko rin ba syang kasuhan ng online libel at maging valid reason yun kung sakaling kasuhan niya ako na hindi nagpapadala? Nakakapagod po kase na nagpapadala ako na alam ko, hindi lahat sa bata napupunta dahil wala naman din syang trabaho. Ever since ako na po ang main financial supporter ng bata. Sa ngaun, dahil sa mga pinag gagawa nya na paninirang puri sa akin sa Facebook, hindi muna ako nagpapadala. Dahil sobra na po ang babaeng un. May pwede rin po ba ako na isampa na kaso for visitation rights tuwing uuwi ako ng pinas. Kahit makasama ko manlang ang bata isang buwan sa isang taon? Salamat po.

    Reply
    • Lawyers in the Philippines

      Dear Mars –

      Cases can be filed certainly.

      However, it is important to determine how far you want to go with a case and what type of case you want to do. Is cyber libel what you wish? Is it child custody? If it is visitation, then how is enforcement to occur?

      These are the kind of questions that can only be answered when you have decided what you wish to do. There are options and alternatives but this will require an in-depth discussion with a lawyer. It is not possible to comment without more detail.

      As such, I suggest you engage a lawyer you are comfortable with, even if it is just for a consultation.

      Afterwards, then you can better decide what you wish.

      Reply
  84. Romeo

    Hi im Romeo. Im seafarer a chief engr. I have a brazilian live in partner and we have a 1yo daughter. My daughter was born in brazil and my name was in her birth certificate. I already applied recognition for my daughter in B.I. But recently we have constant misunderstanding with her mother which is currently living in the phil. She sent me message that she wanted to leave me. For my side i always supported them when im onboard sending 1000 usd a month. And when im in vacation she asked me 400 usd ro pay her condo there in brazil and monthly allowance for her mother for about 300 usd per month. If in case she leave me of course i am willing to support my daughter. But she wanted me to oay her condo which i think im not obliged to do. I wanted to support the child 1000 usd per month if im onboard, is it enough. If im not onborad i dont have salary, am i still obliged to send money for the months that i am on vacation which i dont have income. If she do something bad for me can i file her a deportation case. She generally dont like filipino cultures and said plenty of bad things about the filipino peoples.

    Reply
    • Lawyers in the Philippines

      Hi Romeo –

      If you are supporting the child but are not comfortable with the way that your partner is spending the money, you will have to explain to her what you expect and how much you can support when you are on ship and also when you are on vacation.

      It is important that this is a discussion in which she is involved so that she can understand your thinking.

      I know that some ex-partners can be difficult to speak with; this is often when lawyers or other unbiased 3rd parties step in to help.

      You can ask the DSWD and the barangay to help you out to get the discussion started, if it is necessary.

      Note deportation will depend on many factors.

      Reply
  85. Mic

    What if the father doesn’t have a job/income and currently in prison? How will he give support?

    Reply
    • Lawyers in the Philippines

      Then no support can realistically be given.

      Still, some mothers can still file cases against the father as lack of support is a criminal case with fines and penalties. Some mothers also don’t believe that the father has no work and still file cases.

      As such, I also suggest trying to find a compromise between what the fathers can provide and what the mothers need. This conversation can help each side understand what is possible and how they can work within the limitations they might have.

      Reply
  86. Joy

    Hi im lara. I have a 1yr old daughter and my ex partner is not supporting her regularly. He flew back to taiwan during my pregnancy. During our stay here in the Philippines i discovered that he is having an affair but it doesnt matter now. All i want is his financial support for our daughter. Its been 2yrs since he left and he is sending money only when he want, sometimes every other month or every 2months. Please tell me what to do. Thank you!

    Reply
    • Lawyers in the Philippines

      Is the father in the country?

      If so, then you can work with the barangay, DSWD and the police to help him negotiate with you.

      If this does not work, then you must approach the PAO. Note that the PAO can only serve clients who have a monthly income of P14,000 in metro manila, P13,000 in other cities, and P12,000 in other locations. If you do not qualify, you must hire a private lawyer if you are determined to go to court.

      Reply
      • Lara joy

        The father is in taiwan..
        i already coordinated with dswd and pao..both cant help me because the father is abroad.

      • Lawyers in the Philippines

        Yes, when the father is abroad, it is very difficult.

        I have heard that the POEA and the OWWA may be able to help but I am not certain how as enforcement of a Philippine judgement in a foreign country will require the foreign country’s compliance.

        As such, for fathers working abroad, it may be best simply to file a case in the foreign country itself.

  87. Kirstelle

    Hi, I need some advice. My ex never supported us financially because we are both students and he is almost graduating from college, while I stopped to take care of our baby. He didn’t come from a well-off family, so they promised to help us financially when he gets a job. Our baby is already 8 months old, and the last time he offered financial help was when our baby was days old, and they only gave 3k for us in the hospital but my family had to pay 17k for the final billing at the hospital. He never bothered asking about the child’s needs after, and it has been 2 weeks today since I last spoke to him. I would just like to ask if his reason for being financially unstabled a valid reason? Not even his parents are giving us financial support, what can we do? Thank you.

    Reply
    • Lawyers in the Philippines

      Hi Kirstelle –

      If the father has no income, then it is likely he will not be able to provide even if a court case is filed and won.

      Other cases can also be filed for lack of child support but he cannot realistically give support when he has nothing himself.

      Reply
  88. Lea

    Hi Atty, I need some advise… just like the case in #32, My husband has 2 kids from his previous relationship,she is threatening to file my husband a case against RA9262… My husband is offering to settle for child support for what he can afford but the ex demands for more. We have upcoming 2 kids too and he has expenses to pay as well. His income is actually hand to mouth though I help him out but my income supposed not to be counted… Its the capacity of my husband toprovide that counts. My husband just got a permanent job since the the time his ex manage to discharged him from the service that cause to lose his job….that was 4years ago,Now that he has a decent job again, he demands for more, asking to have share in every income including loans of my husband.that i dont agree since for loans, it will be paid monthly and deducted to monthly earnings as well, given the fact that my husband offered to give monthly allowance for the kids that he could afford. Your insights will really help a lot…Reading above, i am really thankful to have read across this pages…. Please send me email of what should we do. I really appreciate it. Thank you

    Reply
    • Lawyers in the Philippines

      Hi Lea:

      It is often a good idea to try to come to terms with the ex-partner on child support.

      I have heard that the Barangay and the DSWD can help negotiate a settle between the parties so that a compromise can be reached.

      This might be helpful for your husband.

      Reply
  89. Mitch

    Hi! I need legal advise for my younger brother. He got separated with his wife 7 years ago and they gave 2 daughters who are now 19 and 18 yrs old. My brother works as a driver in Saudi and earns around 40k pesos per month. His wife is a domestic helper in another country. Their eldest blocked him off and refused to contact my brother. Yong 2nd daughter lang may communication brother ko. Minsan lang kung magpadala brother ko sa 2nd daughter since nagpaparandam lang kung manghihingi na ng pera at hindi rin kalakihan sweldo ng brother ko esp he has to pay for rent ng bahay sa saudi plus food. Hindi rin nagustuhan ng brother ko na sa isang mamahaling university sa Davao City pinasok ng senior high ang dalawang daughters niya na pwede naman sa Public School sa Cotabato where they are residing. Now the ex wife is demanding support para sa college expenses ng mga bata since gusto nila sa Manila pag aralin ang dalawa. According to them, One daughter will need 10k pesos a month sa college. I am always advising my brother to send support sa kaya niya lang. Ano po maipapayo ninyo? I want to give my brother the best advise I could give para sa ikabubuti ng lahat. Maraming salamat po.

    Reply
    • Lawyers in the Philippines

      This is really more a family concern that your brother and his daughters need to work out.

      He is legally obligated to send support and the amount is determined by the courts, if it is brought to court.

      When there is no court order, the amount can be settled by compromising with his family and his ex-wife which is a step that is mostly a family conversation and not a legal one.

      Reply
  90. Ann

    Hi My husband is an OFW in Saudi, we’re married with 8 kids and 7 of it are all minors. He left us because of third party, he is still giving financial support but its not enough for our 8 kids who are all studying. Can i demand him to give enough financial support legally? Can i demand for a 75% of his salary be alloted to me and our kids? Thanks in advance..

    Reply
    • Lawyers in the Philippines

      Hi Ann:

      The amount a father gives takes into account his own income and the needs of his children.

      The court is the only one who can determine how much this actually is. They will hear evidence and then decide.

      While you can demand any amount, it is not certain that it will always be given since his income will also be considered.

      Reply
  91. christian

    Hi,

    My eX girlfriend reached out to PAO for me to provide child support for our son which is 5 yrs old already, and invited me to have a meeting or talk to sort things out. I wasn’t able to attend and expecting for a 2nd invite.

    I dont have a signature on the childs birth certificate

    I am living with my live in partner now with 3 kids already, 5yrs old 3yrs old and 1yr old

    Earning 10k phi peso per cut off, but my current postion is only temporary. Luckily got 3 months extension on my contract from December 31st 2018 til March 31st 2019.

    Looking for advise, as my eX girlfriend is asking for a monthly assistance with the child

    Reply
    • Lawyers in the Philippines

      Hi Christian:

      The amount you give for child support will be determined by the court.

      It considers your income and needs as well as your child’s needs.

      However, having said that, mothers can file both a civil case for child support or a criminal case under RA 9262.

      Given these risks, it is really best to try to compromise with the mother since court is difficult for both parties.

      Reply
  92. Anonymous

    Hi,

    My ex-husband sends money to my son but around 6k but not consistent. And I still have to remind. He now resides in australia. My son is 11 yrs old. Is 6k enough? I kept on demandinv for an increase and consistent support but he blocked me on msgr which is our only means of communication. Even on tuition fees I was even the one paying more even if he was an Engineer in Singapore at that time. And I am jobless that time.

    I want to file a case. Pls advice on how to go about it.

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
      • sylvia

        Same case for me. My husband sends 20th support for 3 dependent children 20,16 and 10 years old but not on a regular basis. He now lives in Australia with another woman and claims he’s now a permanent resident. Can i still file a case against him for child support.

      • Lawyers in the Philippines

        Sent an email.

  93. anonymous

    i been separated from my x now and we hove 2 sons, we are not married but he sign both birth certificates. his a big time cheater and constantly cheating with me with another woman, not just once but many times i caught him. now his leaving with his new partner who is legally married with kid as well. i just wanted to file for child support but im not sure how to do that since both of us iare working outside the country, can i file it in dswd instead then authenticate the papers and bring it to the country where we work and ask the help in the embassy? they are planning to move to other country so do poea or owwa can assits with this just incase he will run away? and by the way both my son is in his beneficiary list for both owwa phil health and poea… thank you and more power.

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  94. glaiza

    Good day everyone!
    My case is it’s been a month ago since the father of my son supported, he’s a black American from L.A., that’s not it, he gives insufficient support, and not on time even If i asked in advance. It’s started when I was pregnant, He complains the reason he’s doing is because I left him in manila, well, I’ve got a big time reason why I did that, but I think my son would not suffer. When I was six months pregnant he got someone pregnant again.. The support has been more unreliable. He started giving 2,000php to 2,500 every two weeks or sometimes but… . Sometimes, it takes a month which I could take because my son wasn’t born yet. Unfortunately the moment I was on labor, he didn’t give any amount he sent another 2500 when the child is already 5days old. Now my son is 1 and 9months, I took lots of job that would fit, but everytime he got sick, i lost it. I always beg for support, he doesn’t even give a share for electric and water that our son has been consumed. We live in an apartment I pay the rent monthly, i was just a cashier, money I earned is enough for food. It would be a big help if his support is sufficient because he asked me to quit my job before. I can’t just leave my son.. 🙁 he’s too young. Now, He lives in the Philippines with his Filipino wife. Him and his wife wants to have my baby and saying they’ll take care of my baby while I’m working, he’s still young. I asked for a reliable support it ended up like they wanted to get my son after begging for money when i was worried that maybe he’s got dengue because he’s been sick for a week. I refused to give my son to them so the father blocked me on viber and it’s been a month now, no employment. “Baon na ako sa utang!” now my son got sore eyes, he’s ignoring me. Kahit sa Birthday wala siyang ibinigay. I always beg, always delayed , so It ended up on paying credits then ask again and and delayed again, it’s sad that he doesn’t send enough, it’s always around 2000 to 2500php. Minsan aabot pa two weeks, wala padin, one month same amount. One month na since he last sent the 2500. He said yes to our agreement before, now I don’t think he’ll support my son anymore. Is there anything that you can advise that will be a big relief . Thank you in advance.

    Reply
    • Lawyers in the Philippines

      Hi:

      I think this may be a double comment.

      Still, the answer is the same.

      If he is a foreigner in the Philippines, you can file a case against him here.

      You may wish to consult the PAO in this effort.

      Reply
  95. Gigi

    Hi. Good day.
    My ex partner (Black American, 52yrs old) sends 2,500php but not consistent. Sometimes it takes two to three weeks before send again, i always beg for support, that’s absolutely not enough for milk and diapers, our son is 1yrs and 9mons. Now, it’s been a month, no support . he always ignore me and now he blocked me on Viber. I sent him sms and he said he will take the baby with his wife, they’re residing in Laguna. Of course i refused because he didn’t do our agreement that 20k monthly. Always begging . And he said to just finalized it legally . What should i do? He’ll never support our son anymore.

    Reply
    • Lawyers in the Philippines

      Hi Gigi:

      You can certainly file a case in the Philippines since he lives in the Philippines.

      You can consult the PAO. The PAO is a free government provided legal service so that the only cost would only court and other fees.

      However, please note that the PAO can only serve clients who have a monthly income of P14,000 in metro manila, P13,000 in other cities, and P12,000 in other locations.

      Reply
  96. Natalie

    Hello,
    I am a single mother of two. The father of my children does not gives support ever since my children was born since he’s incapable of finding a job after he graduated college.Luckily, he was able to be part of AFP just recently, however after he was able to have a stable income he refuses to give child support for the kids. I filed a case for economic abuse, however, the case was dismissed because of the fact that as per resolution, the economic abuse only applies to the times where he was just a mere graduate who were not able to find a high paying job. He was discharged from service because he commit fraud to the department where he was assignes, since he already have kids prior to his application of being an army. He only gives support twice amounting 6000/month. Now that he is jobless again, can I still demand for child support for my children?

    Reply
    • Lawyers in the Philippines

      Since child support will be taken from the income of the father, you will not be able to receive anything if the father has no income.

      Reply
  97. Karen Mae Palis

    My husband had a child with his ex girlfriend before we get married. At first he costantly gave support to his child but the girls mother keep on hiding the child to him without telling her daughter.But from time to time he visit his child, the went out eating, malling and etc.
    Now that we already married he stopped his support because we already have our own child and his income is enough only to support us. Can the mother of his illegitimate child can demand on financial support if so how much?

    Reply
    • Lawyers in the Philippines

      Yes, the mother can demand financial support.

      The amount depends on the court’s judgement.

      Reply
  98. Anonymous

    Hi, i got two daughter from my x live in partner. for how many years i did not ask child support coz i understand he cant afford that time. he got a good job now but he did not even contact me and give a child support. My kids are 10 and 13. What agency can i went to file my case and give him a summon.

    Reply
    • Lawyers in the Philippines

      Hi:

      If you are determined to file a case, you may be able to do so with the PAO.

      However, it might be best to start with the Barangay, DSWD or police to see what can be done instead first.

      Reply
  99. Asia

    Hi. I am married with a man for 9 years now and we have a 7 year old daughter but last 2015 we got separated but not legally. I met another man and had a child with him. Just last year we received a subpoena from the prosecutor’s office because my husband filed an adultery case which is still on going right now. We are about to. Have our pre-trial on April 30, 2019. My question is, will this be a big factor if I file a 9262 case against him? He has not given any form of support to our 7 year old daughter since June 2016 until now. What are my chances of winning this case? Please help me on how to jump start with this. Thank you.

    Reply
    • Lawyers in the Philippines

      Hi Asia:

      You can file a case against him. The adultery case does not affect parental obligations to the children that can be proven.

      Only your lawyer can tell you if you have a strong case, as a full case assessment would be needed to answer your question.

      Reply
  100. Mae

    Good Day! I have been raising my child for two years already. Her father was a seaman, and his allotment goes directly to his mother, she used to send me 4k per month which is way low for an 8 year old child whos in the 2nd to 3rd grade. Her tuition fee is 4000-5000 per month actually, plus allowances, transport, medicines, etc.

    Now her father left the ship and married his Thailand girlfriend he found in the ship, they are running their food business in Thailand. But unfortunately he only sends money every 2-3 months worth 6000, 8000, and the latest was 10,700 only for 3months. Now I cannot found him in Facebook nor
    Messenger App, I have no way to contact him. What should I do?

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  101. Anne

    I am Filipino Citizen, I have daughter with an American Citizen out of wed-lock, he is in New York. He wants to do child support. But we don’t know what is the first step would be.

    Reply
    • Lawyers in the Philippines

      Dear Anne:

      I sent you an email.

      In general however, if the father is amenable a private agreement may be sufficient for your purposes.

      Reply
  102. Sofia

    Hi my fiance is a police officer and have 1yo daughter out of wedlock but the child use his surname. And there is a new baby boy who is born March 2019. The mother is claiming that the baby boy still his child but shes hiding when she gave birth. She just sent picture of the baby boy without details. My fiance is giving her a financial support every month and ask her if she can borrow the child but the mother refused. My fiance stop
    the support from Feb to March bec she is threatened ny fiance that she will fille a complaint at Camp Crame. He thinked its best to put the child support in legal documents. But until now she never showed up. As for the baby boy, it is decided that NO DNA, NO support. Ot is okay? With the 1yo baby girl the support will continue if they will have a compromise agreement in legal papers. It is okay too? The mother of this two is married and been annuled to her exhusband with 7yo daughter who had a child support of 20K. While with my fiance, they dont love together, shes not even his GF. Nabuntis nya lang talaga. Please advise on what my fiance can do to fix this problem. It is okay to ask for DNA for the baby girl just to make sure he is the father though he acknowledged it and signed the admission of paternity. Just to clarify doubts. Thank You!!!!

    Reply
    • Lawyers in the Philippines

      Dear Sofia:

      It might be best if you sat down with the DSWD and the barangay to assess the situation and determine what can be done to protect your fiance.

      It is often necessary to understand the entire situation before recommending a course of action as small details can make a big difference and so commenting or giving an opinion with very little information would not really be able to help you.

      Reply
  103. Jhona

    Hi, what are the actions to be taken if the father doesn’t support his three children, currently his working abroad and doesn’t communicate at all. where should i go to file my petition and what are the procedures should i do? thanks

    Reply
    • Lawyers in the Philippines

      It might be a good idea to file where the father currently lives, even if it is abroad.

      Consult a lawyer in the country that your ex works in.

      I have heard that there are other ways through the POEA and the OWWA, but considering that it is difficult to enforce a judgement abroad I am not sure as to the extent of support they can give you.

      Reply
  104. Jihan

    hi thank you for this informative blog. i have few questions to ask, hope u can help me. i am separated for 5 years now. we have a child, he’s already 8 years old. in our first 3 years being separated, he didnt give financial support. whenever i asked him, he always came up with an alibi. one of his alibis was he couldnt give because he had a motorbike loan. Fast forward to 2017. I asked if he could pay half of our son’s tuition, yes he paid the upon enrollment fees. But he didnt pay the whole monthly payment for that school year and same happened 2018 school year. So i have decided to take actions for my son. So my question are, 1, is it fair enough if i asked him 10k monthly? 2. What if he said he’s only a commission basis and there’s no fix salary?(He’s a medical representative btw.) that’s one of his reasons whenever i told him to fix this in barangay, and he will file for child custody? Will the court favor him? 3. What if we didnt agreed on the amount, and i filed a case, and while the case is ongoing he left his job, or dont have a source, what’s going to be then? 4 what if he didnt live with his parents anymore? But he still go there and visit, can i use his parents address (also permanent address)? Thanks you, God bless

    Reply
    • Lawyers in the Philippines

      Dear Jihan:

      It’s is only the court who can answer these questions.

      For instance as the amount – the court will take into consideration that he has fluctuating income and will take a look at your needs.

      Then, the court will determine how much must be given based on the evidence you both present.

      If he has no income, you will not receive any support even if you win a child support case.

      Reply
  105. Dean

    Hi, im a dad supporting my child. Ive been sending money every payday to the mother of my child. And i know that the amount im giving is too much. She is threatning me with court orders etc. Is there any way to request non monetary support. Like milk, diapers etc instead of cold cash that i dont even know where its being spent.

    Reply
    • Lawyers in the Philippines

      Hi Dean –

      You can certainly try to negotiate non-cash support.

      The mother must be amenable, otherwise, you may have problems actually seeing your child.

      If she is not amenable, then perhaps a 3rd party negotiator can help you determine what needs to be done.

      Negotiation with both parties is very important.

      Reply
  106. Alex

    Hi. I just want to enquire if I can still demand for child support eventhough the father is unemployed?

    Reply
    • Lawyers in the Philippines

      Yes but since the father has no job, you would not be able to receive support even if you won.

      Reply
  107. Edison DC

    Hello Good day,

    I am doing this inquiry for a close friend. He is married and has a daughter already. But during theyre married life,her wife cheated on him so he decided to let go of the family.

    It’s been 12yrs already and his daughter is now 12 as well, now he has a new family and has three kids and his legal wife is now asking for child support and somewhat threatening my friend.

    Are there any law that would protect my friend and his family?Also is the child support valid? provided the cheating situation?

    Reply
    • Lawyers in the Philippines

      Yes. A child is entitled to child support from both parents.

      Reply
  108. Eevee

    Hi. My husband had a daughter even before we got married. He consistently gives child support for her daughter.Last 2017 we got laid off from our work abroad so we had to go home here in phil. My husband decided to open a small business but unfortunately it didnt worked out. I am currently working and my husband is jobless at the moment, so I am the one providing for our everyday expenses for now. Before, it was ok for me to provide for the monthly allowance of their daughter because our gave company had a good incentives for us.However, that incentive plan were removed and to cut it short my basic salary is just enough for our daily expenses and for other bills. So we told his e ex that we won’t be able to give 5,000pesos every month for now, while my husband is still looking for a job but we assured her that once he got a decent job were willing to give the support again.But she want to accept and insisting that we should still give the monthly allowance and refuse to listen to our pakiusap. Can she sue my husband for not giving support while he is still looking for a job? And can she obliged me to give support for their kid? And if my husband got a job? How much should we give as a support if ever h earns minimum wage?

    Reply
    • Lawyers in the Philippines

      Hi Eve:

      Regarding your questions:
      1. Yes, she can sue your husband.
      2. She cannot oblige you to give support.
      3. Only the court can determine the exact amount, after first considering what your husband earns and what the needs of the child are.

      Reply
  109. Mayra

    Good day,I unmarried this american guy we been together 8yrs.just waiting until i found his married in Thailand girl.He currently work now in thailand since 6months hes gone he did not sending any support.I have 7 years old daughter need his financial support..
    What advice you can help me for this its big help.
    Thank you for this vlog

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  110. Dianne

    My daughter is now 9 years old, im
    A single Mom , and the dad of my daughter whom i have broken up with 2 years ago has not given any Child support. We are not married and he married another girl after I gave birth to my kid

    Reply
    • Lawyers in the Philippines

      If you wish to file a case, you may do so.

      However, it may be best to work first with the Barangay, DSWD or police.

      Reply
  111. Roussel

    Hi,i have a son 14yrs. I was the one who always support him until his 9 yrs old,his father went to Australia and marry a filipina australian residence. We aggreed that he will send only 8k a month for his son,but now because he sent 11k for tuition fee he was even asking how much he need to send again because school year was finished. I told him 8k is not enough, also,to make it legal i want to file a child suppport but please help on how i cam do that.

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  112. triggeredmom

    Hi, can I ask for an advice privately? Will be waiting for your response, thank you.

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  113. Vin

    Hi,

    I am a father of 2 boys age 13 and 6. I and my father have been supporting both of them since they were born.As a father, I have been supporting both them well enough. My 2 boys are living with my parents in the province. Last Christmas 2018, my ex-wife got my 6yo son for vacation and promised to bring him back after the holiday break but she didn’t keep her words and decided to keep him. My older son is still with my parents to finish his highschool there. My ex-wife has started filing child support for my 6yo son. Since I have the eldest, how should I file for a child support for him too from his mother given that she also has the means to do so? Thank you.

    Reply
    • Lawyers in the Philippines

      Hi:

      Yes, you can file for child support from the mother.

      She is also obligated to support any child she has.

      Reply
  114. Mary

    We have a daughter, she’s 15 year old now. Her father and I was not married because he’s married when we met and had an affair but after 3 yrs we decided to end it. He’s now a retired philippine marine general and for two years now we didnt received any support for his daughter. When I tried to reached him to ask for his support he said he cant give because he doesnt have a job anymore. I know that he have a monthly pension with a good amount. He have adopted daughter without legal procedures, she’s a daughter of her younger sister from unfortunate relationship, I know also that her daughter has 2 birth certificates, the first one indicates the real mother and the second one is in their names as a parent. Now, I want to know kung ano ang habol ng anak ko sa father nya. Also, her adopted daughter is now a professional in her field. My daughter carries his name, he signed in the birth certificate and affidavit of acknowledging the child and changing the surname of my daughter to his name. I hope you can give advice on what legal procedures that I should take. I am a freelance, I dont have steady income. I need him to support his daughter with me specially the dream of my daughter is to become a doctor someday and she been great in her studies. Eto lang ang alam kung makakatulong sa kanya to support her studies.

    Reply
    • Lawyers in the Philippines

      Hi Mary:

      Have you tried working with the barangay and the DSWD?

      This can help and may address your issue before filing a case.

      If you are determined to file a case, you may want to work with the PAO. The PAO only serves those with income 14,000 or lower however so you may not be eligible.

      Reply
  115. Erma

    Good day! First of all, thank you for having this program. I hope you can help me address my problem.
    I am Erma, married with two kids. Recently, my husbands mistress called up his attention for child support. He didn’ t acknowledge the child. Is it possible for him to provide financial support considerinG that we are married when the claim was being raised? If ever he is really the father, considering that we have kids and we are married, is he obliged to provide the support?

    Reply
    • Lawyers in the Philippines

      Yes, your husband is obliged to provide support to all of his children.

      Reply
  116. Unknown

    Hi,

    Me and my wife has been separated for almost 3 years now(not legally). She took my daughters to her father in the province, they’ve been studying there for 2 years now. I’m sending my ex-wife 17k per month as child support, other than that every time i get my 13th month i give her 20k++. I would only borrow my daughter once a month (one weekend), but everytime i give them back to the province, i would buy some groceries for their food that cost 2k/3k/4k depends on my extra money. This school year, my ex and i agreed that my daughters will live with their mother here in manila and study here. My ex asked me to give here 25k per month given that it will cover my daughters’ needs. There’s an option on their school that we could pay 3k each for downpayment and pay 4k monthly for 9 months or pay 9k each for downpayment and pay 2.8k monthly for 9 months. i told her to just get the 3k option since she would be covering all the expenses.. she asked me to pay the 18k downpayment of my kids and still give the 25k monthly which i declined. Now she threatened me that she will fill to dswd on their province for not giving the right support for my kids. My question is, How much should i really give for child support? My ex also have a job but she wants me to cover all my daughters’ needs. I have never skipped child support and my kids are my priorities butu i just want it to be also fair with. I hope you could send me an email with regards my problem.

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  117. Jean

    Hello. The father of my son is not on his birth certificate as well as baptismal certificate.. pwede po ba ako magfile ng case para mahingi ng child support? anak ko po at mag 11months na ngayon month po. May proof lang po ng mga pictures nila together ng anak namin at pagpunta nya sa probinsya namin to visit our son. Gusto ko po sana magfile para makahingi ng child support kasi po hindi po sya nagbibigay pag hindi po ako nahingi pero kahit po nahingi po ako, ang naibibigay lng po minsan 700, minsan 1000, pero hindi po regular yun, kung kelan lng nya gusto magbigay, Problem ko po hindi ko po kaya kumuha ng lawyer kasi yung income ko sakto lang po sa daily expenses ko and pagpapadala ko po sa amin para sa pangangailangan po ng anak namin. Kanino po ako pwedeng lumapit para po matulungan ako makapag file ng case sa former partner ko po (hindi po kami kasal) para sa child support ng anak ko?
    maraming salamat po

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  118. kristina

    Hi,

    The dad of my 4 year old daughter is french nationale.we didnt pursue the marriage although we had the license already. He was mad that I didnt marry him now he would like to stop supporting his child because he said he already gave enough in the past. Does the money that he gave in the past while we.were together count as a child support? How.can i file for a child support, his father lives in France.

    Reply
    • Lawyers in the Philippines

      Hi Kristina:

      It is difficult to file for child support when the partner is abroad as the Philippines has no authority over foreign nationals in other countries.

      If you wish the case to be successful and be enforced, it is best to consult with a lawyer where your partner lives. A case filed there can be enforced and may actually help you attain your objective.

      Reply
  119. Marie

    Hi,

    My dad of my 4yr old daughter is dual citizen. My partner want to apply her a US passport. We’re not married and our relationship right now like civilized for the sake of my daughter.
    Just want to ask how many percent of his salary will be deduct to give a child support to my daughter? if it’s possible po ba na kung ano yun na pprovide nya sa isa nya anak pwede po ba same with my daughter??i just want to be equal po sana na kung ano meron yun isa nya dapat meron din anak ko. Kasi nakikita ko sya kung pano sya mag spend sa isa nya anak. Possible po ba yun??

    Reply
    • Lawyers in the Philippines

      The answer to this question is up top, in the How much support can I expect? section.

      Reply
      • Mile

        Me, my live-in wife ()were not married), and two kids lives on my rightfully owned house built before we settle. Now, we opt to end our relationship.
        Can I use the same house for them to stay there as part of my child support?

        I read an article in Family Code stated below, but not if I interpret correctly.

        “Article 299. The person obliged to give support may, at his option, fulfill his obligation either by paying the allowance fixed, or by receiving and maintaining in his house the person who has a right to receive support. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. (149a)”

      • Lawyers in the Philippines

        Sent you an email.

    • Mommy

      Hi, should I start filing case in brgy or straight to POA for child support case? My ex husband is giving 3000 in a month on and off and has blaming me for the school that I chose for my son.

      Reply
      • Lawyers in the Philippines

        It may be best to start first with the Barangay or the DSWD.

        If an agreement cannot be reached, then court can be considered.

  120. Janine

    Hello,
    Good day!

    My name is Janine, I have a daughter, she is now 9 months. I was already separated with my live-in partner 2 months ago due to his dishonesty and have another girl, my ex-live in partner did not support my baby from the day he left us. I already asked him to support my child but he did not respond me regarding the child support or needs with my baby. By this, can I file a child support in the DSWD even though it was 2 months ago until now he did not support my baby anymore.
    Hoping for your promptly response.
    Thank you in advance.

    Reply
    • Lawyers in the Philippines

      Yes, approach the barangay or the DSWD.

      Reply
  121. Loveley

    Hi good afternoon i had a son 18 years of age right now he stop in school. His father didnt give a support since he stop.this coming school year he will come back to school again and he ask already to his father and his father said he will support. My inquiry is can i adjust the financial support from his father his father is working abroad and if not mistaken he earn the net of 20k or more pesos. He give the son 8,500 pesos my son is in Grade 12 this 2019-2020 school year. It is possible can i demand to the father to make it 10k since im working also and im consistently support my son.without fail.hoping for your respond so that i can process the paper and let the father sign thank you and have a good day

    Reply
    • Lawyers in the Philippines

      Dear Loveley:

      You can negotiate with the father and have him sign an agreement.

      This may help.

      However, note that enforcing this agreement abroad is difficult.

      Reply
  122. Mile

    Me and my Wife(were unmarried) with our two kids lives in my place which i prior own. Can I use the same house/property were we live-in as child support if we end our relationship? Is the article below applies to this situation?

    Article 299. The person obliged to give support may, at his option, fulfill his obligation either by paying the allowance fixed, or by receiving and maintaining in his house the person who has a right to receive support. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. (149a)

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  123. Mischelle

    Hi there,

    My husband’s ex is demanding for increase of support. He was not able to support the child for 6 years but then in 2017, he started supporting the child. He is only earning 8,000 a month but demanded 5k a month goes to them, otherwiae they will demand a lump sum of 300,000 otherwise.

    My husband had no choice but to agree to the demand of 5,000 a month. Now she is asking for more when he is just earning 10,000 a month.

    We have 2 kids and one of them is now in Junior high. She is going to ask for more.

    How can he give more when his earning is not even sufficient enough for us.

    Thanks,
    Mischelle

    Reply
    • Lawyers in the Philippines

      Hi Mischelle:

      There is no set amount determined by law for child support.

      The needs of the child and the ability of the father to provide are both taken into account.

      It is often best to negotiate with the mother to explain the situation. If an agreement between them is not possible regarding support, the barangay or DSWD may be able to help.

      Reply
  124. Mimi

    What other proof can I present to file a child support case? Are pictures of them together applicable? I dont have the signature of my ex on our childs birth cerificate.

    Reply
    • Lawyers in the Philippines

      An affidavit of paternity is an alternative as is a DNA test.

      Other proof is more in the nature of supporting proof only.

      Reply
  125. DaJa

    Dear Sir/Ma’am,

    I am single mother of a ten year old son. His father send only thrice for ten years, first during the first birthday a money from the mother of his father. Second was when my son was sick (chicken pox) year 2016 lastly june 2018 from his mother again. He is now working at Taiwan and blocked me on social media when I asked him to send an allowance for our son’s school activity. How can I demand a monthly support knowing that he is working abroad?

    Reply
    • Lawyers in the Philippines

      Ask from help from POEA or OWWA.

      I am not certain if they will be able to help you but it is worth investigating.

      Reply
      • Daja

        Is there another way to force him to send financial support for our son? Can I use the vawc?

      • Lawyers in the Philippines

        It is worth it to try.

  126. Rosalie

    My former boyfriend who is an OFW left me when I’m four months pregnant, we lost communication since then, my son is now 5 and he is starting to ask for his father, I have no means to get in touch with him, I also would want to know how I can ask my former bf for support since my son will start going to school.

    Reply
    • Lawyers in the Philippines

      Hi:

      If the father is abroad, it is difficult to ask for support.

      Have you tried working with POEA or OWWA? I have heard that they might be able to help but am more familiar with the court process myself.

      Reply
  127. Georgie

    Is the marriage certificate enough to ask for child’s support? Since birth of the child, the father is not supporting his son. My son is turning 3 years old in June. How to file for the support? Thank you.

    Reply
    • Lawyers in the Philippines

      If your son was born during your marriage, then the son is presumed your husband’s and you can file for support.

      Reply
  128. Gracie

    Thank yOu that I read abOut this tOpic On yOur website.
    How abOut, I had a relatiOnship with my ex whO have been married but tOld me that he is already nOt in gOod terms with his wife and he Only married her because of his persOnal agenda and it is me whOm he really lOves…

    I gOt pregnant and we already had a baby nOw… Can I still file a financial suppOrt fOr my 6mOnths Old baby??? MOst prObably nOw that I dOnt have a jOb…

    Reply
    • Lawyers in the Philippines

      Work with the Barangay, the DSWD or the PAO if you need to file a case.

      These government agencies will also help save on costs.

      Reply
  129. Anonymous

    My sister was granted annulment by Philippine court early this year and there is a specific amount indicated as child support. However, her husband is a Permanent Resident of Australia. Please advise what my sister needs to do to oblige the father of their kid to support their kid? He’s been remitting 6000 pesos monthly and lately he did not remit at all.

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
    • AbusedbutHopeful

      Hello atty! Good afternoon! A week ago my partner and I had fought about somethings he went to screaming to hurting himself and physically hurt me while im trying to stop him. I went to barangay to make a blotter and had my medicolegal from the hospital as advised by the womens desk in barangay. I reached my boiling point when I beg for him to stop for the sake of our child because our 10 month old was crying hysterically and scared. He just ignored it. He didnt came home since then. It took me 2 years to realized that i dont deserve this emotional, physical, and physcological traumas he’s giving me all the time. It was indeed traumatizing for me but of course I always give him benefit of a doubt that one day he might change or maybe he’s just having a bad day from work and it will over soon or simply I dont want to have a broken family but Its better than having an abusive partner.. so we had our first settlement in the barangay, the barangay officials invited him over and I bought along the list of all the indispensible expenses for baby such as baby’s milk, diaper, wipes, water, vaccine, toiletries (shampoo/Bodywash), medications (he has sensitive skin), dish washing soap and laundry soap, groceries, transpo, helper and shelter. He only agreed on Diaper, wipes, vaccine and milk. The rest he wants an alternative brand for that as he thought its branded and he said he will seek advice from his lawyer regrding with the shelter, and other stuff. I told him we could share the helper’s fee but he didnt agreed on it and said his retired relatives can help look after our baby, in diffrent home. I didnt agreed on it because my baby is still breastfeeding, and i need a helper to help me with household and with our baby. His family ganged up all on me because i am not from the area, that I dont have a family here and most his relatives were from here. For few years together, I endured all the traumas, stress he’d put me through. Whenever we have a conversation he’d scream at me and hurt himself until he hurt me. We lived together for a year and shared with the rent, water, electricity and wifi. Even we live together he’d only provide milk, diapers wipes and vaccine for our baby. The rest is all on me while I dont even have a work. I am paying full for the helper as well eversince. I feel like he’s depriving my child needs because he’d buy spoiled fruits, or on sale (nearly expired). I know he is earning more yet he couldnt help me with the expenses because his mother is controlling him, he’s priorities are his MBA, preselling condo theyre paying for his mom. They even counter blotter me at the same barangay saying that my partner didnt physically hurt me and I am just making it all up. The barangay officials advised me to go to the Police Station (Womens Desk) to report a VAWC case and the police will hand me a checklist that i should compile.. Atty, Now that werent together I want to know my rights. please help me.

      Reply
      • Lawyers in the Philippines

        I am sorry for the situation.

        Follow the Barangay officials advice – that the police and their checklist can start the process.

    • Girlonfire

      Is it possible for my ex boyfriend to refuse the other support my child needed? And should follow HIS way or he wants?

      Reply
      • Lawyers in the Philippines

        A father must support his child.

        However, a father can only support a child if he has income.

        If he does not have income or has insufficient income to support his needs and those of his child, it may be difficult to get the amount that you think you need. A compromise might have to be reached.

  130. Noemi

    after a year of complying with the child support, the father of my child ia claiming that he lost his job, is it an excuse to not at all send any financial support to my daughter? is that even fair? when some one lost their job being parent also stops there?

    Reply
    • Lawyers in the Philippines

      Dear Noemi:

      A father is still liable for support but there is not nuch he can realistically do if he has no income.

      Proof of income or at least an idea of how much the father earns is thus usually requested since an action for support would yield no money to the child when the father is out of work.

      Reply
    • Lawyers in the Philippines

      A father is obligated to support his child.

      However, his support comes from his income.

      If his income is lost, then he will not be able to give anything even though a case is brought against him.

      Reply
  131. Lawyers in the Philippines

    Hi:

    You could always bring a case or discuss with the barangay if you disagree.

    However, it might be better to simply sit down with the father and work on building trust with him by explaining what you need the money for. He must understand what the money is for and he must trust that the money goes to the specified cause.

    If he is not comfortable giving money, why not simply determine the expenses your child has and identify the institutions he can pay directly to.

    Then you can explain and work on building trust with him so that he may be able to give more and in the form you wish.

    Reply
  132. Caren

    I sent a demand letter for my daughter but the father refused as he is still insisting that he is unemployed. He still lives with his parents and his father is a nurse abroad in which he still receives an allowance from his father. Now he is still not looking for a job and he is only insisting to give a small amount for my daughter which is unreasonable and not enough for my premature daughter.

    Reply
    • Lawyers in the Philippines

      Dear Caren:

      If the ex-partner has no resources, no support will be given even if you win a case.

      You can go through with the case should you wish but it will not be possible for the father to give any support since he has no income or job.

      Reply
  133. Grace

    Hi! What if the father of my son can’t give support to our child regularly? He is still studying but has part time job that support only for his school need. He lives with his parents now for almost two years ever since my 6th month of pregnancy, Can I still file support? And how can I determine our partitions for the support?

    Reply
    • Lawyers in the Philippines

      It is the father’s responsibility to provide.

      However, support may be limited if the father can barely provide for his own needs.

      Reply
  134. anonymouse

    Good day! This content has been very helpful in clarifying some of my questions. I would like to seek for assistance in filing a case against the father of my child. Will appreciate your response. Thank you.

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  135. Lanie

    This is very informative. I need help and advise. My husband has been working abroad for the past 6 years and has irregular to no support to our 2 kids. Back when I was still working at the office, he would often skip sending support in the reason that he has too many obligations in the country he is currently working. In came to a point where I had to resign from my office job because I have to take care of our 2 kids. Two years ago, I caught him cheating and he admitted it last year when he went back here for a vacation. He told me all of his philandering activities which started even 6 years ago when he came to that country. He subtly asked me last year that he wants to convert into Muslim because he found peace with the religion, which is contrary to the stories he kept telling me before that he hated the Muslims due to their “non-sense” religion. So I suspected that he has found a girl to marry. His father told me that he is already renting a place that’s why he has not been sending money. His contract with his employer comes with free accommodation and one would only rent a place in that country when you have wife and/or family living with you. Whenever I ask him for support, he would always tell me that it’s my fault and that I keep his sons away from him which is not true. He knows where we live. He knows my numbers. But he would tell everyone that I blocked him even when I don’t. He also spreaded the rumor that our last born child is not his because he did not look like him or is not white enough like him. His family treated our last born son as if he is not really their family. I asked him why is it the same with him and his father, and he would answer back that I’m defensive. I gave up a lot of my savings even went bankrupt and loan-burdened because he asked me to fund for his 2 elections which unfortunate for him he lost. He owes my siblings money and don’t have the plan to pay them. Whenever he goes here for vacation, he would go to gambling spree and asks me for money because all his money are gone. Whenever I ask him to even pay attention to the kids, he will say that he deserves a break from working. And when he’s back abroad, he has the same excuse that he deserves to buy happiness in the form of expensive gadgets. He doesn’t want me to work so when I had a job early this year, he kept calling where I was and convinced me that he will send money regularly and he’s sorry for all he has done. After quitting my job, he goes back to his old ways. I have totally given up and I just want what my kids to be supported by him while I keep working online. He is from a well-known political clan here where my kids and I live. I need your advise and help.

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  136. Ms.Eve

    Hi i am married to a American,and my daughter is dual citizenship,she is 17 yrs of age,and the father dont support her for almist 10yrs now,is it possible to file a child support ffom him even she is 17yrs old now?

    Reply
    • Lawyers in the Philippines

      It will very much depend on the actual situation.

      Reply
  137. Bujoy

    Hi, i am married now with my husband with 1 child with his ex GF. Theyve been supporting the child since she was born with the help of my husband’s parents becasue he was a student that time. And we continuesly providing with the child thru money for everyday expenses in school and other form of goods and we are also the one paying the stuff needs in school but we are not giving any amount to the mother of the child since the child is only studying in public school with no payment at all. Now that the child is in Highschool, the mother of the child wanted us to pay 100% the tuition fee of the child but we said that we can only cater 50% of the tuition including misc and books. Then the mother of the child still insisting to do so. We and my husband also have 2 daughters, 1 is also studying and 1 is 7months old. I tried to list down all.expenses that we have in our own family including the neccesities of my 2 kids, bills, etc and divide it into two so the half ofbthe xpenses is for my husband and the other half is mine, i computed that so we know if the salary of my husband is enough to support my own family and to support also his illegitimate child. I just want to know how will the court compute the support to give to the illegitimate child? Are they consider first all our expenses with my 2 kids and other bills in our house? And do the mother of the child can demand that we need to pay 100% the tuition of her child?

    Reply
    • Lawyers in the Philippines

      If brought to court, the court will consider both the child’s needs and your husband’s income.

      It will then decide what is fair – there is no set amount or percentage.

      Reply
  138. Raye

    good afternoon! my live in partner filed a complaint against me for failure to provide adequate support. but it is only because i only earn P10,000.00. we have a 3year old son. and now we are separated. now, she offered to drop the case if i would settle in the amount of 300,000.00. what do you think i should do? what legal opinion can you give me?

    Reply
    • Lawyers in the Philippines

      What you do depends on the facts of the case.

      There are several considerations as well as practical concerns.

      More information would be needed. For instance, is paternity clearly established? Are you willing to negotiate with your ex? These are only 2 of the many questions that need to be answered.

      However – it is truly best to engage legal counsel if a case or complaint has been filed against you. This will help ensure that you are not taken advantage of.

      It may be best to approach the Public Attorney’s Office at the local Hall of Justice for advice.

      Reply
  139. unknown

    hi,just wanna ask if i can demand legal support from the father of my son,his support is not consistent specially when we are not ok,we are not married but my son is using his last name.he has a great job and his married with 2 children.i hope u can advice me.thank you.

    Reply
    • Lawyers in the Philippines

      Yes, you can file a case.

      Reply
  140. MJ

    Hi,

    I went to our local PAO office to file a case for my 5-year old daughter to get child support from his father who hasn’t contributed consistently since we separated exactly on our daughter’s birth month last 2014. The attorney there said that we can file a case for emotional abuse for me and emotional and economic abuse for my daughter under the Violence Against Women and Children Act. He also asked for my monthly income and when I said how much my monthly income was, he said that the amount is beyond the threshold they have to assist me so he asked me to get a certificate from our local barangay to prove that I am indigent as I told the attorney that I am the head of the family and aside from my daughter, my 68-year old mother is also my dependent that’s why I cannot go to a private organization. So I gave all the requirements – my statement, payslip, certificate of indigency, my ex-partners complete name and address and my daughter’s birth certificate where the father has a signature acknowledging my her. A few days later, the attorney called me and had advised me that he cannot continue to file a case for me because of my monthly income which cannot be supported by PAO. What would be my next best step for me from here?

    Reply
    • Lawyers in the Philippines

      Dear MJ:

      The PAO can only serve those that are indigent. They are not allowed to serve others whose income is beyond this.

      Other free legal groups have the same requirement and I do not know of any organization that does this work on a pro-bono basis.

      As such, he is correct in that your next step must be to hire a lawyer.

      Reply
  141. Mhira G.

    Hi My son is already 12yrs old and wayback 2013 & 2014 my ex is not supporting my son regularly and he is still working overseas as a pastry chef & whenever the vacations come his support was cut to half or just food allowance for my son. I need help on how I can claim my son’s support fully not on his own understanding and decisions only how much he wants to give. I dont know how to do this because he was working in middle east and he doesnt want to go back to the Philippines to face his obligation in PAO office.

    Reply
    • Lawyers in the Philippines

      Hi:

      It may be best to consult with a lawyer in the middle east to see what can be done there.

      Reply
  142. Jenafie

    I want to know if it’s possible to get a child support even if it happened with a one night stand partner. Right now the guy denied everything and he even blocked me in all the social media accounts and even my number.I don’t have any means of communication with him anymore. He’s a seaman and I don’t know if he is still here in the country. I am about to give birth this June and I don’t have work since I have to stop working due to the advice of my OB. I don’t have enough money to pay for the DNA test when I give birth since that’s the only proof I can present to the court if ever I will file a case against him. I need help. Thank you and God bless.

    Reply
    • Lawyers in the Philippines

      You will need proof of paternity for all cases where you wish support from a father.

      Reply
  143. Donna

    Good day,
    I am a mother of 2 children (both boys) a 17 yr old incoming college student and a 16yr old gr.10 student.I filed a case against my ex-husband for RA 9262.The prosecutor’s resolution was for violating section 5(i)of the said R.A…he was living with his mistress for years now in UAE…He has a warrant of arrest here in the Phils…I would like to demand/ oblige him for a regular financial support that is duly right for me and my children.He sent allowance at P10,000 pesos only for 2 months now since he left us last October 2018…That amount is not enough for my chidren’s tuition fee,food,and other needs considering the fact that he is earning more than P100,000 as his salary per month.What do I do to oblige him to support us rightly.

    Reply
    • Lawyers in the Philippines

      If he lives in Dubai, it may be best to consult a Dubai based lawyer as it is difficult to enforce local judgements in other countries.

      Reply
  144. Rosana

    Hello! Magandang araw. Ako po ay kasal sa isang OFW na nagtatrabaho sa UAE mula 2009 hangang kasalukuyan sa iisang kompanya lamang.Meron po kaming 3 anak, edad 16, 13 at 9 lahat po sila ay nag aaral. Ang asawa ko po ay regular na nag papadala buwan buwan ng halagang 20k. Noong una syang umalis nagpapadala po sya ng 25k pero habang lumalaki ang aming mga anak hindi na po ito nadadagdagan bagkos pinako na po nya sa 20k ang kanyang padala. Lagi po kami humihingi sa kanya na baka pwede nya itong dagdagan dahil ito ay kulang na kulang. Dahil sa sitwasyon namin ako po ay nagtrabaho kaso ako po ay nagresign kaagad dahil nawala ang aking bunsong anak dahil wala pong nagbabantay. Pero salamat naman at sya ay natagpuan. Ngayon po ako po ay natatakot magtrabaho baka maulit muli ang pangyayari. Nais ko po sana manghingi ng advice kung paano ako makakapag file ng additional child support kung wala po dito sa Pilipinas ang aking asawa? Kung umuuwi po sya sa Pilipinas hindi nya po pinapaalam sa akin dahil ang sabi po nya hiwalay na raw kami. Nalilito na po ako, hindi ko po alam kung saan lalapit. Sana po ay matulungan nyo ako. Salamat po sa lahat.

    Reply
    • Lawyers in the Philippines

      Dear Rosana:

      It is possible to file if your partner is not in the country.

      However, it is best to file for child support in the country he is in for enforcement purposes.

      It would be good to consult with a lawyer in the foreign country he is in.

      Reply
      • xian

        hello, im the father of our illegitimate daughter. i have been providing support that the mother dictated which is quite high, threatening me with not seeing my child. can i sue her for extortion? i am already shouldering 100% of education school and anything extra, plus the amount she is asking every month. i also recently found out that she was not paying the school. what other course of action could you suggest. i just want my hard earned money go to my daughter and not to whatever other expenses she uses it for. the amount she demanding and i am giving is 22k monthly. thanks

      • Lawyers in the Philippines

        Some fathers pay the rent, utilities and food to the actual companies themselves instead of as cash to the mother. Some also pay the tuition directly to the school.

  145. Yam

    Hi. Nagwowork po ako sa Japanese ktv before at doon ko po nakilala tatay ng anak ko. He’s a Korean national unmarried, working and living here in the Philippines with her daughter. We had sex then I got pregnant but he ran away leaving me all alone without any support. After I gave birth I went back to work to fully support my baby on my own then had a DNA testing before she turned one. The result was positive but he was thinking that I faked it. Then earlier this year he had his own DNA testing of our child twice and after the result came he wanted to support my baby but don’t want to give the proper amount support. My question is can I demand all the damaged/ all expenses incured while I am pregnant and a proper support to his illegitimate daughter until now that she’s turning 2yrs old? My daughter isn’t using her father’s surname since He doesn’t acknowledged her at first. Thank you

    Reply
    • Lawyers in the Philippines

      Hi Yam:

      Try to come to an agreement with the father first.

      If he is in the country, you can work with government agencies such as the DSWD and the Barangay to help bring him to speak with you. If that fails, then a case can be contemplated.

      Reply
  146. anonymous

    Good day! I just want to seek advice about my situation. Im a seafarer, i met my ex bf on the same boat where we were working together. We were ok until i came back home he start to tell me that we need to break up coz he is getting married with his ex (mother of his first child). I didnt believe and fight for our relationship coz i know that he loves me just that his mother is pushing him to do that. He came back and we continue our relationship but then he told me that he really need to marry that girl for the sake of the children but he really loves me. So i accepted it coz i love him so until we decided to have a child. I came back to work knowing im already pregnant this time we work seperately. We were ok until i came home and reach my 8th month he started not talking to me regularly that why i got upset and mad at him. He send money for my delivery and nothing else. On Dec.25,2018 he told me that we are done. After that i heard nothing from him. I gave birth last january 7 he didnt even came to see our child. He didnt even care until now not even a word nor any financial support from him for my son. He didnt even acknowledge him to use his name. What action should i do? He is now on board. He even change his name on fb for me not to find him. Looking forward to hearing from you.
    Thank you.

    Reply
    • Lawyers in the Philippines

      Hi:

      You will need proof of paternity for child support.

      This can be a DNA test, an affidavit of paternity or the father’s name on the child’s birth certificate with his acknowledgement at the back.

      Child support comes after this.

      Reply
  147. marion

    good day po..i have 3 sons then yun pong sahod ng aswa ko is around 19-20k/ month anu po dpat gawin since nsa akin ung atm nya gusto ko maging legal yung pagsusustento nya sa mga anak ko..nasa mga magkano po kaya ang dapat na mapunta sa mga anak ko..at pwede ko bang hindi na ipakita sa kanya ang mga bata?thank you po

    Reply
    • Lawyers in the Philippines

      Dear Marion:

      In general, it is a father’s right to see his children.

      In addition, there is no set amount or percentage of a husband’s income that is allocated for the children by law.

      Both sides will argue their case in court and then the court will decide what the correct amount is.

      Reply
  148. Malcolm

    Hi. My partner and I got separated this year, we had 2 daughters. 5 and 9 years old. My Ex-wife demands more support from me. I am already sending 15k a month for our kids, and Im only earning 25k a month. Can you please help me because I want to know what is the required child support based on my salary. Thank you very much.

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  149. Anonymous

    Hi, my sister and her husband has been separated and they have 4 kids. They were not married and the man is now living with his new family. He married his second girl so naging kabit pa yung ate ko kahit na una sila nagsama. My question is, how can we file a child support kung technically ang mga oamangkin ko is considered illegimate pagkatapos niya pakasalan yung naging babae niya? Is that possible? Lahat naman ng mga bata ay naka apelyido after sa tatay nila, is that enough proof and enough qualification to file child support? How do we do this po? My sister is earning below minimum wage wala siya pambayad sa mga legal fees and all if ever.

    Reply
    • Lawyers in the Philippines

      Approach the barangay or the DSWD.

      You may also approach the PAO as a last resort.

      Reply
  150. JM

    Good day,

    I would like to get some advice regarding my current situation. A few years back, I was with someone and we were together for quite a while. We had children but eventually, due to our quarrels, we got separated. I provided child support as part of my responsibility as the father. But when I quit my job and decided to work for a different company, my financial situation changed, I was earning less and an agreement had to be notarized. Again I had to quit my work, move back to the province and try to look for greener pastures. I did find a job but the pay wasn’t as much as I expected. So basically I continued providing financial support but it wasn’t as much as I was sending before. And I
    wasn’t able to set up another notarized agreement due to the fact that I live in the province and the agreement was created manila, now my Ex filed a case against me due to me not being able to fulfil my end of the agreement. What should I do?

    Reply
    • Lawyers in the Philippines

      Hi JM:

      You may have to engage counsel to help out since a case has already been filed against you.

      Reply
  151. dari

    hi i have 2 kids to my ex.. and i just want to ask if how much amount of support that he can give to our 2 kids. given that his salary is 50k ..what he is giving to his 2 kids monthly is 5k only. that 5 k is for the whole month for 2 kids…. we are not married.. only one kid get’s teh surname of my ex.. the other get’s my surname because he wasn’t there during my delivery … i just want a fix amount of suppport for my 2 kids

    Reply
    • Lawyers in the Philippines

      Try to work with the DSWD, the Barangay or the PAO.

      They can help advise you.

      Reply
      • HopefulMom

        Hi Atty! Good eve! I went to the police station to file a VAWC case and went to the hall of justice to file it. I was advised that me and my ex are going to received a subpoena within 2 to 3 months, I would like to ask if what will be the next step for this? Thank you

      • Lawyers in the Philippines

        Speak with the PAO. He should be able to guide you.

        When cases are filed, good consistent attention to the case is needed.

  152. Monique

    Before kami magpakasal ng asawa ko, he has 4 kids with his first live in partner ages: 17,16,15,10 while sa second live in partner is 11 and 8. Yung 2nd live in partner nya po is asking for a sustento amounting to 10,000 pesos. Ang salary po ng asawa ko is 10,500 per month, 5k per 15 and 30 and no way of giving that amount that she is asking, can we take this legally and go to PAO for clarification.

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  153. Sydney

    hello po…im asking advice for my brothers situation…his wife left him together with the two kids 6 months old and 5 yrs old…the reason she left is that she wanted to work in manila and she’s going to leave the custody of the children to her siblings in another province…now she told my brother that its better for them to be seperated because she doesnt want to live in our province where my brother is working…i understand that both kids should be in the mothers care until they are older than 7…can my brother have at least visitation rights for the kids…and if we file a case against her can we use the grounds that she is not the one actually caring for the children but her sisters..what shall we do we tried everything talking to her but she didnt want to cooperate with us..she just wanted the kids for herself and dont want to compromise…thank u for ur answers in advance.

    Reply
    • Lawyers in the Philippines

      A father has the right to visit his children.

      As they are married, he actually also has parental authority over the children and can claim custody if he wishes.

      Again, please note that these are general statements. More information would be needed to comment on your brother’s case in particular.

      Reply
  154. Reinhard

    I need an advice, i am a father. Do i have the right to get my child from the mother? I was threatened by the mother by making stories against me and telling me to not get my child even if i have supported my child

    Reply
    • Lawyers in the Philippines

      Dear Reinhard:

      It will depend upon the situation, the relationship you had with the mother and the situation of the child.

      As such, it is difficult to comment.

      For example —

      If you are married, you have parental authority over the child as well and can more easily have physical custody than if you were unmarried.

      If you are not married, then the mother automatically has custody.

      Note however, that a mother’s custody can be challenged in court with sufficient grounds. These grounds must be studied as each case is different.

      Reply
  155. MJ

    Hi! Good Day! I have 2 sons, 7 and 4years old and want to ask a consistent financial support from their father who happened to be a seafarer.By the way, we are not married, he signed on the birth certificate of our first born, but on the second we got separated while on the 3rd month of my pregnancy way back 2014 and did not receive any support from him nor any communication. For my second child, i had his signature forged, I want my 2 sons to have the same surnames since they have the same father. I dont have any means to communicate with him nor want to talk with him during those sorrowful and painful days that left me devastated for long. For now, he is sending 2000 pesos every month started November 2018, which is not enough for the basic needs of my sons. As much as I wanted to fight for their right, the father kept on asking to give him some more time, telling me that by the time he got a higher position or become an official he’ll send more but i dont know how much he meant for more. And now, i could not spend time visiting agencies that could help me due to conflict of my work schedule.

    Reply
    • Lawyers in the Philippines

      Sent an email but would like to add a note.

      If a private lawyer cannot be hired to provide advice, the government agencies are the best option you have to help you.

      It is important to make time for this.

      Reply
  156. Bemped

    Hi need an advice for my situation right now I’m a mother of 4kids. The father of may kids is in new Zealand now working for almost 3 years now. He send money but its not enough for 4 kidz which is the 2 is students and the other 2 is just 3 and 2 yrs old. I’m also working right now. May question is where do i go to have help with this also the money he ia sending is not directly to me. He send it on his sister and we still need to get it from his sister instead of sending it to me. As far as i know hes living with someone else in there. Hope for reply. Thanks

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  157. Anonymous

    Good afternoon, I would like to ask if is there any law in the Philippines that would protect the husband when the wife left him together with their child with no concrete reason (she’s just unhappy). Then the wife is seeking for child support. Thanks.

    Reply
    • Lawyers in the Philippines

      As a father, the law dictates that you must provide for the child.

      I’m not certain what you mean about protection. Is there some specific protection you mean?

      Reply
  158. Angel

    Hello what if he rejects the demand letter from a private lawyer? What will happen?

    Reply
    • Lawyers in the Philippines

      Hi Angel:

      Negotiate and evaluate your options with your lawyer.

      Reply
  159. jonna

    i am living here in japan with my four children. last year my husband expires his visa and the immigration does not extend his visa that is why he came back to philippines. right now he is in bahrain working as ofw. I want to file a case for child support. Can i file here in the nearest philippine immigration? or i need to go back to philippines to file the case?

    Reply
    • Lawyers in the Philippines

      Yes, cases are filed in the Philippines.

      Please examine first if you truly wish to file a case.

      You may be able to reach a compromise agreement with your ex.

      Reply
  160. Blue

    Hi! Good afternoon. May I ask how is the child support of a seaman computed ( for a year )? The father of my children ( we are not married ) has a lawyer and the lawyer told me that his client is exempted from providing support whenever his client is in the Philippines because he has no work. He gets salary whenever he is on board about 6 months duration. What is the best thing to do? He gives 5K each for our children which is not even half of what the children need monthly. I just want him to fairly contribute, not excessive just fair because I also have work. Thank you.

    Reply
    • Lawyers in the Philippines

      Hi:

      First, there is no percentage of earning specified by law as child support.

      It is both what the father earns and what the needs of the child are.

      Beyond that, negotiation between you both is paramount.

      Reply
  161. Ice

    Hi i am a single mom currently moved to canada and my son is under my aunts care during my stay here in canada my ex partner my son’s dad use to help me financially he send me almost 300,000 in peso for my schooling and everything.everything went well in my first 2 months then When i found out that he was cheating on me i tried to break up with him still with the visitory rights for our son. Few more months he send me msg. Stating that any money that he gave me will proceed for our childs needs so i presumed that its for all the immigration expenses, emergency needs at support for him. I never ask money for our son since then.when he’s about to get married he told me if he can still visit our child and i allow him with the conditions that our child would never know about his wife and our separation. But after few months he started complaining and harrassing me. Trying to get the money that supposed to be for our son. He never give financial support for our son he only go for shopping toys and groceries and consider it support. He insist that i need to pay him right away. When ever he visits my son he will ask my aunt if my son can be with him for 2-3 days and will extend every now and then. Even i won’t allow him. He always lie whenever i ask where are they, he did it 3x already And always bluffing me that if i wouldn’t give back the money they (him and his wife) will get my son’s custody and threatening to deport me and file estafa case against me. So then i will loose my custody for my son. The last time my dad whom i gave SPA for my sons safety talked to him to get my son because at that time they don’t like to give him back. My dad gave him 100k in exchange of my son and signed documents for my son to be petitioned. Still they are not contented asking for more. Until now. And trying to bluff me regarding estafa cases, custody filing and more. The painful part that i’ve heard from my son is the wife of his dad use to: “paluhurin ako” “papalo ako ng hanger” “kulong ako sa cr naka off ilaw” at “kukunin daw ako ng multo sa baba ng bed” as he stated my 4year old son. What should i file against them with regards my situation.

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  162. Alex

    Hi. I would like to ask for advice regarding Child support.
    The mother of my children refuses to have an equal share of Child support to our 3 kids ( 8y/o, 6y/o and 2y/o). two of them is currently studying. I have the kids with me. I ask her to give equal share since she’s working, But she refuses to. She said that she will only give child support to our kids when the kids will be in her custody. But, if I refuse to give the kids to her, she will not help me with the needs of the children. If ever I’ll give the kids to her, I’m afraid that she cannot take care of them. since she always say that her youngest brother will be the one to look for the kids when she’s at work. What would be the best thing to do?

    Reply
    • Lawyers in the Philippines

      The first step in understanding what you need to do is to assess your case.

      Child support and custody issues often require a lot of negotiation and understanding.

      The only way to do that is to go through a full case assessment.

      Then, the options that are available to you can be discussed thoroughly.

      If you wish, you may try to get some help from the PAO.

      Reply
  163. Gonewiththewind

    Hi atty my a private lawayer was able to send a demand letter to my ex husband but my ex husband didnt want to comply. My exhusband earns more than 50k and he made an excuse that he cant afford the said amount. I dont have a stable job as i am taking care of my daughter and i am constrained to solely provide for my daughter needs. I couldnt settle with my ex husband as his mother is keep intervening with our situation. Also he doesnt want to talk to me.. pls help

    Reply
    • Lawyers in the Philippines

      You must discuss this with your lawyer.

      Reply
  164. april

    Hello.
    We were 8 years of my partner and have a 3 yr old daughter. Sad to say he had Abrupt arranged marriage to indian woman because my partner was indian too.I am not sure if they are really married. I want to fight for my child’s right to his father. I wanna ask what support he can give to our chIld. He is currently living here in Philippines.Can my daughter freely visit him in their house?

    Reply
    • Lawyers in the Philippines

      All parents must support their children and he has an obligation to support your daughter.

      He also has visitation rights.

      The execution of these rights and obligations will depend on how you and he come to an agreement.

      Reply
  165. Carmen

    I married here in phil 2015 to australian, i hve 1 son to him 3 years old now. He only gve suport is 46 dolars (australian dollars) a week, i dont hve anyjob, i cant work coz no one takecare to him. I renting house 6,000 pesos monthly, my electric bill is 800 pluss monthly, my water bill is 500 or less than 500 monthly.
    I want to know,, how much the right suport for my son,, he is not eligitimate coz i married to his dad. Please help me,,,
    Thank you.

    Reply
    • Lawyers in the Philippines

      If the Australian is in the country, you can file a case here.

      Have you tried to go to the Public Attorney’s Office? They may be able to help you.

      Reply
  166. Hopauline

    Hi. I have 8 yrs old and 6 yrs old children (illigitimate). They used their father’s surname on their birth certificate. On 2014. We broke up the relationship with their father. My son is 2 yrs.old at that time and i get him to be with me and lived with my mother. I worked to support his needs. Now ,he is 6 yrs.old.without his father’s support. However, my daughter too is 8 yrs.old now and she was under the care of his father and her father’s side .they provide her needs. When i got married now to a foreigner last 2017 i get my daughter to my wedding (in philippines) as the flower girl and i borrowed her many times like going to malls with her brother. We were happy the 3 of us. I also bought her school supplies and bag, shoes etc. when i was still in the philippines.My foreigner husband loves her too as his stepdaughter. Now, when i am here now in australia with my husband, my daughter was been brought to siquijor (hometown of her father’s side). The father didn’t inform me that he will give my daughter to his relatives and they will be the ones to support my daughter’s education because i know that her father has no right income and has a live-in partner in my hometown (iligan city). I told them before that i will support my daughter’s education as long as she will be with my mother’s care together with my son but they didn’t
    agree. Can i file a case against the father? What case? Can i also file kidnapping against her father’s aunt who took my daughter to siquijor? She also cared my daughter in 8 years in iligan city. Can i also file a case to the father for not supporting my son in 4 years? What is the name of the case? Please help me…thanks..

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  167. Grace

    Can you require your ex partner to support your children and you were not even married and your children don’t use his surname on their birth certificate?

    Reply
    • Lawyers in the Philippines

      Proof of paternity will be needed to file any child support case.

      Reply
      • may

        what if he refuse to provide dna test to prove his paternity? are pictures of your togetherness and text message exchanges enought proof??

      • Atty. Francesco Britancio

        Hi May:

        They can support the argument but they are not proof of paternity.

  168. jenny

    Good day,

    My ex is giving 8000 monthly as child support but is insufficient for my son. My son has a learning disability which needs speech & occupational therapies 4x a week and on top of that attends a SPED school. I am demanding more support but he is ignoring me. My salary cant keep up with all the bills and his needs. Can I Still file a case even when he’s providing?

    Reply
    • Lawyers in the Philippines

      Hi Jenny:

      Yes, you can.

      But first try to get some good legal advice.

      It is important to be sure that this is the correct step since this does take time and money.

      Reply
  169. Janette

    Hi, I would like to ask your legal opinions on my problem. I have three children with my husband and they are in public school now. I am emotionally abused, he always told me bad words that is below the belt, usually degrading words. He always insist that I have other men, which is not true at all. He get jealous with my co workers. His reason are hilarious, one is I was staring with our consultant during our Christmas Party way back 2016, another one is I was able to give 50 pesos because somebody borrowed me that time. I can’t hardly go with my office mate/friends everytime we have some outing or even having lunch/dinner. If I have some event to attend I always bring my kids but still we argue on things. I tried to be patient on him, but I am depressed. He is not even a good provider to his children. He rely so much on me like the rent, utility bills and so much more. He give so much time on his work and his vices. His company is near in a cockfighting arena. So after his work especially payday he goes there and came home late at night. That’s the normal thing on him. Now, I want to know what is the process in getting a support to his children and how much support we can get from him he earns around 3,500 NET weekly. Thank you and God Bless!

    Reply
    • Lawyers in the Philippines

      There is no guaranteed amount of support.

      The court decides how much support should be after assessing his situation and the children’s needs.

      Reply
  170. sandra

    hi,i want to seek child support from my ex who is denying my child ever since i informed her i am pregnant.we were both ofw back then when i got pregnant but right now i dnt know if he still working overseas.he also never got the chance to sign the birth certificate of my child since he never showed up the moment he found out my pregnancy.may i know what to do first and if a dna test is required for this case since it is impossibe to compromise with him to ask for a child support diligently

    Reply
    • Lawyers in the Philippines

      Yes, proof of paternity (such as a DNA test) is first needed to file for child support.

      Reply
  171. Baba

    Hi!

    My husband has a kid with his ex wife. He had been paying the tuition plus allowance plus school stuff ever since. Now the ex wife demands more since according to her, she’s the one taking care of the child so automatically all the financial support should come from the father. My husband can’t afford it already. We admit that the allowance is a small amount only but this is because she is studying in a big university and the tuition is very expensive. Still, she is threatening to sue us. Should we be afraid? Can my husband still go to jail? Because he really can’t give that amount they’re asking. Plus we are not even sure that the money he’s giving them goes to the kid because the ex wife already has a lot of history of using the money for her personal needs. If my husband is paying a lot for the tuition and school necessities, is he still required to give monetary amount monthly?

    Plus here’s the bad thing here, she’s not letting him see his kid. She keeps on making excuses everytime my husband wants to see the kid. So in a year, you can count on your fingers the number of times he was able to see the kid. What can we do? Can my husband not give the allowance if he’s not able to see his kid for that month?

    Please help. 🙁

    Reply
    • Lawyers in the Philippines

      In situations where one party is not listening, it may be best to get a 3rd party to negotiate on your behalf.

      It may be that this 3rd party can help get an agreement acceptable to both of your in place.

      Reply
  172. Kate

    I am so glad to find out about this site. I also have a 2 years old daughter.The Japanese father of my child has stopped communicating since we found out about my pregnancy but when I dialled his number again it was Ringing means He still currently working in Philippines right now and i want to file for child support claims but don’t have the capacity to pay the lawyer. What should I do to my case when I am in Province and he is in Manila ? Could I file a case even if I am in province or should I go to back in Manila ? I am hoping for your assistant help. Thank You so much.

    Reply
    • Lawyers in the Philippines

      Child support cases are filed where you live.

      Reply
  173. aya

    Pag nasa custody po ba yung mga bata ng Mother, hindi na nya need mag provide for the kids? Or still dapat 50/50 pa din sila ng partner nya?

    Pano din po pag nasa father na custody ng mga bata, dapat din bang mag provide ng 50/50 ang mother?

    Hindi po married yung parents. Buntis na din at manganganak na yung mother with her new partner.

    Thank you po.

    Reply
    • Lawyers in the Philippines

      Both parents should provide for their children by law.

      Reply
  174. Maimai

    Hello Atty, i would like to ask for advise becoz it is almost 5 years that we did not receive support from my husband. Until now he did not communicate with us anymore and we dont know where he is. Can we file a case againts him? Is is possible to demamd the amount for 5 years (all expenses)as our kids are studying in private schools even he did not agree. Thank you

    Reply
    • Lawyers in the Philippines

      Hi:

      It is important to first find him.

      Afterwards, you may then negotiate for what support you need.

      Note that you must have proof of paternity.

      Reply
  175. Maimai

    What if he will not agree with amount that i demand from him?becoz becore we already fight since he dont want to send our kids to private bcoz it’s expensive but i insist and until now they are studying in private. And i want to demand those tuition fees from him

    Reply
    • Lawyers in the Philippines

      You can of court bring him to court.

      Court is expensive and time consuming however so you have to be sure that is somethign that you wish to do.

      It is often to best to settle out of court.

      Reply
  176. Sharmaine

    Hi. I want to seek legal advice about the support of my kids. I had 2 daughters ages 8 and 3 with the same father out of wedlock. The elder daughter stayed on the father’s side for almost 8 years while the other one, 3 year-old daughter stayed at my side since birth.

    I conceived the eldest when I was 16 and in order to self support my college studies, I decided to leave the father’s house when our child was 2 years old but back then we have good understanding about the child and I support the child in the best way I can even if she is not physically at my side. After college, I conceived our 2nd child still out of wedlock but apparently after that we began to have struggling relationship and I decided to separate with him due to his irresponsible parenthood which includes no support at all with the 2nd child.

    Since the day he started to keep my eldest child with him, I had this motherly move to get my child who also willfully went home with me. It was last March 28, 2019 when I got my eldest from him and from then on, he never get in touched about the needs of the children.

    I am already married since April 2018 and already have a son with my husband and I also learned that the father of my daughters also got married last May 2019.In short, we are already both married and having our own separate lives. However, I was wondering if I can get support from him for our 2 daughters? He is currently working at DepEd while I am also currently working in the government.

    If yes, May I please ask for guidance on how to get the support I am seeking for my children? Most especially that the children needs financial support for their health concerns which includes the costly immunizatikns which was not given when they are still babies.

    Reply
    • Lawyers in the Philippines

      Hi:

      Yes, you can ask the father for support.

      He is obligated by law to provide for his children.

      Reply
  177. aika

    Good day!
    I filed a case of RA 9262 against my husband for not giving his child support regularly. Unfortunately, in between the preliminary conference I had to go out of the county, so he was able counter and prove his innocence hence case dismissed. Since then, he does give his support but it is not enough for our child’s monthly needs. Can I still file a case against him? We verbally agreed to live separately. I am an OFW and our child (2 yo) is living with me abroad. He is managing their family business and is now giving me reasons that the business is not doing well and he is not getting paid when I told him that his support is not enough. Please advise what can be done.

    Reply
    • Lawyers in the Philippines

      Hi:

      It will depend on how the case was dismissed.

      The case decision has to be analyzed by a lawyer to see what the grounds for the dismissal are.

      He can then tell you if you can refile the case.

      Reply
  178. Josie

    My daughter is turning 18 next month. She is illegitimate but acknowledged. We are receiving partial financial support for her tuition and a 10k monthly allowance from her paternal grandparents. We are not sure if her father is contributing but the grandparents make it appear that he does. I do not have his exact address as he already got married. I still have his old address though. What I want to know is where do I begin? Do I go to DSWD first? I’d like him to receive a letter and let him know that he is being complained. He also blocks any type of communication with me and our child. This causes emotional trauma to our daughter. He has never been an integral part of her life since she was a baby. Now that I also got married, it is her stepfather who has been stepping up and providing for us (shelter, food, etc). I am currently out of work and I also have no idea how much the biological father earns or have any supporting documents that would show proof of income as we were never together. It’s been almost 18 years that he has gotten away from his responsibilities, but now, I just want him to be accountable for it. Please email me.

    Reply
    • Lawyers in the Philippines

      Dear Josie:

      Start at the barangay and the DSWD.

      Prepare the documents you have that show he is the father and a narration of events.

      That may help you understand what needs to be done.

      Reply
  179. MEG

    Good day,

    I am a mother of 2 kids 15 and 13 yrs of age. I am not married to their father as he has a family . He migrated in Australia and has been there for more than 10 years and from the time that we had the children he did not give any single support to them.I was forced to come here in Dubai, UAE to support my family. I am living here for almost 12 years now, but since time here now is not good, I lost my job and so now I am thinking to ask for a financial support to the father of my kids to at least provide for their education, food and other expenses. I just want to make his financial support legal as so that he will be forced to give on a monthly basis instead of me begging every time we need assistance. kindly advise regarding on this matter and what will be the process. Thank you.

    Reply
    • Lawyers in the Philippines

      It may be a good idea to file it where the father lives.

      Try to consult an Australian lawyer.

      Reply
  180. Ms. J

    My husband is dependent on his parents monthly support. He also has a part-time job where he only earns 500 pesos a day. We have 3 children. Two are adults but the second child who is already 25 years old is still studying because he was forced to stop since we cannot afford to send him to college. My youngest child is 8 years old and is now in 3rd grade. My questions are:

    1. Can we still ask their father to support our 25-year-old son school expenses even if he is already an adult? (He was deprived to finish early because their father is lazy to look for a job).
    2. How much support can I ask for my 8-year-old daughter? (his father earns 500/day plus support from his parents).

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  181. Nicole

    My daughter is already 11yrs old.. me and her father was in a relationship for almost 7yrs but i separate with him since year 2013 month of April because of his attitude. We’re not married. But we live together before 6months only. When we got separated he said that he will not support our child because i broke up with him. So i said to him that he cannot see his daughter because he will not support her. But he still go to our house and sometimes he fetch our daughter and he bring her into his house.(until now) But everytime they brought back my daughter to our house, my daughter always got sick. Before i didn’t complain. But recently i got furios because my daughter got sick of mouth and disease. And he didn’t even go to clinic or hospital just to check her up to a doctor. So im angry because he didn’t even give support and oir child always got sick whenever they brought it back to my house and they didn’t even give some money to buy some medicine. Even though he had a business and im just faraway to my daughter because im working in manila and my mother only who took care pf my daughter in the province(Leyte). I post it on my facebook story. But his live in partner saw it on my facebook story. His wife post on facebook and making some problem. So the problem become more bigger. So my sister want that i should file child’s support because they’re abusive. But i dont know where can i file child’s support and what should i do. Can you help or advice please? Thank you.

    Reply
    • Lawyers in the Philippines

      Ask the barangay what advice they can give you since it appears you now live in different areas.

      Reply
  182. Sheryl

    Hi! I am hoping I could get some help regarding my case. Ive been in a relationship with the father of my 2 kids for almost 7 yrs. Never married. He is Filipino by blood but born and raised in the US. He was a fully retired US Navy btw and got a son with his ex. My kids are dual citizen, US and Filipino. We acquired their CRBA and SSN when they were still babies. We lived-in together from 2013-2016. However he went back to the US 2016. We encountered as any other couple, some family issues (financial, personal,etc). Suffered mostly from emotional abuse from the time we were living together. He tried his best tho to support us from the time he went back to the US up to now however since we started having issues this year he’s like threatening me that he wanted our relp over. Like any other parent, im afraid he will stop supporting our kids and abandon them just like that. My concern is, can my kids acquire child support from him? How can we file if ever? Hoping to hear a response from this thread. Will do appreciate it. Thanks!

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  183. Sheila

    My relationship to my husband became like that of an estranged couple since way back 2008 because of his constant cheating which I have discovered 2 years after our marriage in 2002. Back then he doesn’t even have a permanent job so I was the one who supports our family. One day during my pregnancy to our second child, I again caught him cheating and during our confrontation he hit me. That’s when I told him that I’m already fed up and if given the opportunity to go back with my parents I will leave and never come back. And it happen. However, my parents do have a soft heart that they allowed him to visit us. After a lot of conversation, I again give him a chance. But truth to be told, once a cheater, always a cheater. Not only that, he spend more of his time with his friends. And since he doesn’t have a permanent job, I assumed full responsibility. Year 2014, I decided to work in UAE. Back then, due to trust issue our relationship is more like civil. We only talk for the sake of our kids. I send remittance directly to my parents where my children stayed. 2015 I went back to Philippines for vacation. We did talk twice and that’s it. Only when I came back to UAE that I learned from my in-laws that he’s into another woman again. So I decided to start a new life without him. To make it short I had a relationship to a new guy, and we did have a son. Unfortunately, it didn’t work that well also. While HE do have a work, is living with another woman apart from the one that my in-laws told me about, and they also have a son now. We did have a final talked and decided to move forward with our lives, and be civil to each other for the sake of our children. And of course to support our children since he already have a permanent work. At first he is giving 1,500 for each of our 2 sons, then there was a time when my children didn’t want to go for a vacation to his place he didn’t send his support for 3 months. Then after that he send the same amount again and that continues for months…then 2018 it became 2000 for the eldest and 1,500 for our second child…this school year he is giving 2500 to our eldest and 2000 for the second child. I tried to understand that even though it’s not enough for our kids since they are both in high school now, one is grade 11( private school) and the other one is grade 8 (public school), because he already have another child to the woman he is living with now and he needs to support that as well. And when he has some extra he will buy something for his kids. However, since the expenses of our children is getting higher, I told him to avoid unnecessary expenses and let us just focus on more important thing like education. Recently we had an argument when my grade 11 son ask him for money to buy some of his books. He told him to ask it from me since he is the one who paid the tuition fee (P6,500 after the voucher from govt.) and that he is giving monthly allowance (2500). My son told him that I am the one who paid for his 5 sets of uniform (1,300/eac), 3 months rental on dorm (1,500/mo), allowance and other miscellaneous expenses. When I ask him about that, he got angry despite me explaining him that we agreed to equally share all the expenses of our children, he refused to listen. I told him that maybe it’s better to make it legal. I mean for him to give what is due for our children according to the law. So that my children won’t have to beg for his support and he agreed to that. I’d like to know is there any provision in the law that states the amount or percentage of his income that he should be giving to our children. Sorry if this is quite long, I just want my children to receive what are due for them according to our law.

    Reply
    • Lawyers in the Philippines

      Hi:

      There is no percentage determined by law.

      It the court who decides what the correct amount is based on what he earns and what the children need.

      Reply
  184. Kathleen

    Good day. I have a friend who has a daughter who has not received any financial support from her father since she was born. What advice can you give us when it comes to filing a case for child support. My friend tries to find a decent job even if her daughter is just a year old just to be able to provide for her child. The father wants full custody of the child, yet he does not give any effort to see and help her child. My friend is only 19 and the father is 19 as well. Hope you could help me help my friend. Thank you.

    Reply
    • Lawyers in the Philippines

      Try working with the PAO.

      This can help.

      You will need proof of paternity and the location of the father. You will be served by having proof of the father’s income.

      Then, you can jointly assess what need s to be done with the PAO.

      Reply
  185. Anonymous

    Hello!

    I have a son, he is using my surname but I am not married to his mother. My son will turn to 6YO this September. I’m still not married as of now but already have a fiance. The mother of my son is already married with a Canadian and planning to bring my son to Canada with her.

    My questions:

    1. Do I have the right to be a custodial parent of our son? If so, how can I have the custody of our son?

    2. May I disagree of allowing our son to be with her to Canada?

    3. The mother of my son told me that her lawyer has sent me a letter for my child support (but have not yet received it). Am I really obliged to follow the demanded amount if there’s any eventhough the child is in Canada with her and her husband?
    Actually, I was shocked that she did it this way because she even didn’t talk to me about it. I gave financial support every month but I never experienced her complaining with the amount and now she’s sending a demand letter through a lawyer.

    I really love my son so much and we have a very good son and father relationship and I’m afraid this would be ruined because of this demand that may be too much for me.

    Thank you in advance..

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  186. Sarah

    My father has a second wife(bigamous marriage), their eldest is 18 and in college, their youngest is in High School and is still a minor.. until when is my father required to give child support?? and up to what percentage of his pension can my mom demand for spousal support?

    He is very capable financially because he is a high ranking retired PNP..

    Is it true that his pension can be stopped temporarily because of this?

    Reply
    • Lawyers in the Philippines

      Will send an email.

      Reply
  187. Kate

    Hello po. How does the process of going to the barangay work? I am based in Las Pinas but my ex-husband is based in Bangui, Ilocos Norte and is working as a government employee but he refuses to give financial support, telling our son that he has no money.

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  188. anonymous

    What if the mother only has the live birth certificate as proof and to file a child support case, would it be enough?

    Reply
    • Lawyers in the Philippines

      Do you mean Proof of Paternity?

      If the father acknowledges the child on the birth certificate, this is proof of paternity.

      Reply
  189. Anonymous

    my brother has a son from an ex gf. filipino culture, we all live together. my nephew lives with us. ever since his ex gf cheated on him she has moved out from our place. however she doesn’t really financially support my nephew. my brother makes ends meet as a small business entrepreneur and part time grab driver. his ex gf is a call center agent. we (parents and i) help with the expense like food, clothing, and school tuition. sometimes i pay for him when we go out to the mall or travel. his mom (ex gf) never shares on any expenses and we are hesitant to ask because by law we know mothers have the primary custody. the reason my nephew is with us is because the girl’s family is in the province and both my brother and her’s jobs are in manila. it’s also annoying because she hasn’t really shared on any expenses even when she was living with us. she visits my nephew daily after graveyard shift but she abuses our home by eating our food uninvited, sleeping over the whole day with the ac open, uses our streaming services and sends her online shopping at our house since she only has a bedspace at a somewhat slum area. we know she cannot financially support my nephew but she hs been abusing our kindness. what do we do without allowing her to fully take the child?

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  190. Anonymous

    Good day! I need advise on how I can oblige the father of my son to give financial support. He has been married lately and I am afraid that once he finds a job already, he might no longer provide to our kid. I want to know how to settle this by requiring him to sign an agreement (can you please guide me on how I can write an agreement letter) that he will provide monthly financial support to our kid. And, in case he declines, what would be the next best step?

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  191. Tina

    Hi, me and my boyfriend had a child but he married another woman knowing that i am pregnant. I had the child and his well aware of it. I have full custody of the our child but because he married somebody else i did not put the child under his name. can i file a complain against him for not giving financial support for our child and not visiting him for a few years although his well aware of our child’s existence? Pls help me.Thank you

    Reply
    • Lawyers in the Philippines

      To file child support, you will need proof of paternity.

      Reply
  192. Emelyn

    Good Day,

    thanks for this site I got things to learned.But,I do have a questions here.I had two children from my ex australian partner were not married,he good before but this year was a nightmare his not giving support for our children.I kept contacting him by messenges,call,email,whatsapp but his not giving any response.I feel so helpless to find someone who could help me so we can a financial support from my kids father.Kindly help me what to do.Don’t have much money to afford to pay for a lawyer just a minimum wage earner.

    Reply
    • Lawyers in the Philippines

      Where does the father live?

      It is best to file a case where he lives.

      Reply
  193. Teeny

    Ex partner has a full time job from one of top companies in the Ph with a good salary grade. He is also studying masters self sufficiently. He’d only give diapers, milk whenever he feels like to. He said he can’t provide much because he’s studying using his own salary. Is this a valid excuse or reason for him not to provide enough needs of our 2 year old daughter? Please advice sir

    Reply
    • Lawyers in the Philippines

      Only the court can say what a valid reason is which can be done in the course of a case.

      Reply
  194. Anonymous

    Hi. I am a 19-year-old college students. My parents are seperated. My support that I am recieving from my father stopped since I started college. He was dismissed in the service before but he just went back recently. He said that he will not support my education, even my livibg expenses since I am no longer a minor. Is it justifiable considering that I am still studying in college? What actions can I do to resolve this problem?

    Reply
    • Lawyers in the Philippines

      Since you are over the age of majority, then this would likely be a case.

      Reply
  195. Anonymous

    Hi! I just to ask help I sent demnd letter to the father of my child thru my atty. We are not married and he did not acknowledge my son.He replied to my demand letter stating that he is still not acknowledging my son and that my son is using my surname therefore it is not his and he is not going o give financial support. Now I still want to pursue this pls advise me on to what is my next step. I cant afford a private attorney for this matter. Thank you.

    Reply
    • Lawyers in the Philippines

      You must work with your attorney on this, as he knows the facts of your case and is better able to advise you.

      Reply
  196. zed

    I am married but has a daughter from a married man also
    can I ask support from the father of my daughter

    Reply
    • Lawyers in the Philippines

      I sent an email.

      Reply
  197. Venchen

    Hi i just want to ask about my situation with my son he is 3 yrs. Old i know the custody is with the mother but she abandoned her responsibility with or son we are not married we separated a year ago currently i have a partner know shes the one taking care of my son will im at work she send him to school do all the duties a mother shoud be doing,. But all of a sudden my ex partner came to the picture asking for the custody of my son coz shes working already their are alot of things she couldn’t handle,. Can i file for the costudy of my son telling that her mother is not capable of having the costudy and shes also a us citizen without proper documents here at the Philippines

    Reply
    • Lawyers in the Philippines

      Hi Venchen:

      Sent an email.

      Reply
  198. Joan

    Hi Good evening, I am a mother of 6 years old daughter, can I file a child support to the father of my daughter even though he’s name isn’t n my daughter birth certificate since he was not around during my delivery back in that day?

    Reply
    • Atty. Francesco Britancio

      You can file for child support.

      However, you must have some documentary proof of paternity.

      Reply
  199. Joan

    Hello, my ex and I are unmarried and we have an 11 month old daughter. We are not talking for 2 months already but I am in dilemma if I should ask him for support. I don’t want him to have any visitation rights for our daughter but I want to ask for support. Is this possible? Or is giving financial support can be used as a reason for him to have visitation rights? Thank you.

    Reply
    • Atty. Francesco Britancio

      A father automatically has visitation rights.

      Reply
  200. jona mei

    We got married back in 04/04/2012, I gave birth to our only son in 08/23/2012 and due to physical abuse I decided to leave him. He got a job in Bahrain Mar of 2013 since then he never provided financial support. He blocked me in FB and I have no ways to communicate with him.

    If I will file an Economic abuse, can I file it in womens desk in my location?
    He is still in Bahrain, what are my son’s rights?
    Is there a fee to file for this case?
    I got a decent job and I am not qualified for PAO’s assistance.

    Hope you can enlighten me please thank you.

    Reply
    • Atty. Francesco Britancio

      Sent an email.

      Reply
  201. tin2x

    I asked the father of my child for child support. When we talked in the office of dswd he said that he can only gave 2000 per month because they have a family problem i said its ok right now cause i understand, the staff of dswd said that the father should add amount when they were done in their problem . but after a 1 year he gave the same amount even he was promoted in his work. He doesnt need to give me the money directly, for me its ok if he to put it in the bank under the name of our child. What I want to know, how much percent the father should give the child for child support and what should i do.

    Reply
    • Atty. Francesco Britancio

      Dear Tin:

      There is no set amount of a father’s earnings as determined by law.

      If you wish to increase the amount, try to work again with the barangay or speak with the father directly.

      It’s best to negotiate and try to come to a compromise.

      Reply
  202. Cherry

    My brother just turned 18 when he got his ex girlfriend pregnant who is 30 yrs old and his teacher in senior highschool. My brother is still studying (1st uear college) and can’t support by any means. Can his ex girlfriend demand for child support at this moment?

    Reply
    • Atty. Francesco Britancio

      A father is legally obligated to support his child.

      Reply
  203. Ann

    I have 3 kids with the same father who doesn’t give regular support. Our marriage is not registered but all of my children uses his surname. I would like to know where can I go and how to demand a Regular support from him. He’s a Traffic Enforcer with the position of an Area Supervisor that’s why i know he is capable of supporting our children on a regular basis.

    Thank You and God bless

    Reply
    • Atty. Francesco Britancio

      Try the DSWD and the Barangay.

      Reply
  204. nathaniel

    Good day po! im a father of 2 children paano po kung may dati naman po kaming set up na maayos dati pero there was a conflict between our sides then ngayon gusto nya pong baguhin un na visitation nalang daw po ako and 2 days per week and 1 hour lang ung visitation ko sa mga bata gusto ko lang naman pong ibalik sana ung set up namin na un para sa mga bata i even ask her for the parental joint custody kaso ayaw nya then sinasabi nya ung mga sustento ng bata she even named the amount that will be given . hindi naman po ako nag dadamot sakanya simula pa nong nag hiwalay pa kami what can i do sa ganitong sitwasyon po . looking back for your reply po thanks po!

    Reply
    • Atty. Francesco Britancio

      Have you considered trying to get a 3rd party involved who can help you negotiate with your ex?

      The barangay, DSWD or someone else may be able to help bring about a new agreement that works for both of you.

      Otherwise, you may have to go to court.

      Reply
  205. erialc

    The father of my child is in UAE along with his wife and 4 children. They are comfortably living in a nice apartment. My/His daughter is an illegitimate and was acknowledged by her father. He does not provide any support for my/his daughter, and whenever I ask for his help for the school fees, he would always says he does not have any money and that he is struggling. Me and my daughter are also living in UAE (under my sponsorship). I allow him to see my daughter whenever he asks, and on her return, no allowance is given at all. HOw can I oblige him to support his daughter?

    Reply
    • Atty. Francesco Britancio

      Consult with a lawyer in UAE as this is where you all reside.

      The reason is that it is difficult to enforce a Philippine court judgement in a foreign country.

      You have far better chances working with a lawyer in the UAE.

      Reply
  206. Mikee

    Good day. My ex bf and I had a child. He is currently 6yo living with me. From the start of the break up which was 4yrs he never gave any money to my child but his mother gives 2k per month until now thinking that will suffice as a support. Recently, I got married and my child is still named after his father; my ex. How can I change his last name because my husband wants to adopt him. Also, I want to file for child support because the money they are giving me is not enough to sustain my child’s tuition and health esp he is sickly.

    Reply
    • Atty. Francesco Britancio

      You and your new partner can adopt the child.

      Please do not have the child use any other last name other than what is on his birth certificate. He will have many, many problems if he does.

      Child support can be filed but note that it may be better simply to settle it out of court.

      Reply
  207. Scarlet

    Good day Attorney. I need help. 5 years ago,the father of my child left us I have no info of his whereabouts and he never gave any support for our child. For years I’ve been struggling with my career, and with my finances. Recently he showed up and he said he is here in the Philippines for almost 2 years. He is leaving the Philippines for good. But before that I want to file for child abandonment. I am so stressed emotionally and financially.. I am jobless as of now and is studying and financing my expences thru sidejobs. He once accused that the child is not His but Old conversations has been deleted but in recent conversations he admitted saying those words. What are the necessary document and information I need to proceed with the case? I hope to hear from you. Thank you so much.

    Reply
    • Scarlet

      In addition to that sir, My child is not using her fathers surname. Facebook messages are the only proofs I have.

      Reply
      • Atty. Francesco Britancio

        Hi Scarlett:

        Do you mean you have no proof that the child is the father’s?

        It is very important to prove paternity in a child support case.

    • Atty. Francesco Britancio

      Hi Scarlett:

      I think I already posted regarding this but I will repeat it here.

      You must have proof of paternity to file for any child support.

      Reply
      • scarlett

        Attorney. Can His knowledgement thru Facebook messages used as proof of paternity?

      • Atty. Francesco Britancio

        This is not sufficient proof by itself.

  208. Dennis

    Hingi lng po ako ng payo

    Ako po nagpapaaral s anak kong babae tpos me binibigay po ako 7k a month kaso andami p hinihingi sken. Kasalukuyan po n me new baby n dn ako at me kinakasma n dn. Kasal n po s iba ung nanay ng anak ko. Magkano po b dpat ang suporta n ibibigay ko kc parang sken n po pinapasagot lahat eh

    Reply
    • Atty. Francesco Britancio

      There isn’t a set amount.

      It is the judge who decides based on the child’s need and the father’s income.

      Reply
  209. duran

    hi. i have a daughter out of wed lock – under my surname. I have been supporting her since birth and is now almost 4 years old. is there an average percentage on how i could compute for the monthly or yearly support i should give? i am currently providing 19k/month (sometimes more) thats more than half of what i earn. the mother is currently unemployed.

    Reply
    • Atty. Francesco Britancio

      There is no amount specified by law.

      Reply
  210. Elle

    Does this law only apply to Legitimate Children? What if the child is illegitimate ?
    How can a one file for a child support ?

    Reply
    • Atty. Francesco Britancio

      This applies to all children.

      See above for more information.

      Reply
  211. Jobless

    Hi,
    I have not sent any support to my son for sometime now as I do not have a job until now. My ex sent me a message threatening to file a case against me for not supporting our son. What can I do?

    Reply
    • Atty. Francesco Britancio

      Reaching a compromise agreement with your ex-partner is best.

      If she does file a case, you would need a lawyer.

      Reply
  212. Bing

    Good day! I want to ask for child support to the Father of my daughter who didn’t give any support since birth.. i got pregnant and blessed i child then separated. My daughter is now 12 years old and will turn 13 on Dec and have proof of paternity having been acknowledge by the father in her birth certificate. The father is working in Riyadh Saudi Arabia with a well paid job for more than a decade already Yet neglected and abandoned our daughter.
    What will i do since he is in saudi and we don’t have any contact from him.. though i know his company and location. Please help me. What do you think is the best way and the best thing to do. where would i go and file the case.. how long would it takes? By the way i also here in saudi arabia but going home at the soonest, in a matter of month now. Can i ask help from the phili. embassy? or shall i

    Reply
    • Atty. Francesco Britancio

      It would be a good idea to ask the Philippine embassy.

      However, it may also be a good idea to consult with a Riyadh lawyer if Riyadh is now your permanent home and you and the father of your child will be staying there for many, many years. There may be an option that can help you.

      Reply
  213. Anne

    I’m married, 8months pregnant and will give birth next month. My husband has a illegitimate child. The mother of his child is asking for higher financial support. My husband is getting minimum wage and working 20days a month. How much should we give to his illegitimate child? We are just renting in Manila and will soon have our baby (next month). Please help and give us advice.

    Reply
    • Atty. Francesco Britancio

      Sent an email.

      Reply
  214. Leila

    I would like to inquire on until what age does the father obliged to provide to his children?

    Reply
    • Atty. Francesco Britancio

      It is geberally up to the age of majority.

      Reply

Submit a Comment

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

Share This