Demand letter for child support

Dear PAO, 

My husband works overseas and he sent me an e-mail stating that he will no longer send money to support our minor children. I was told that I need to send him a demand letter. Where can I get a sample of a demand letter? Thanks.

Pearl 

Dear Pearl, 

The crux of your query is your desire to demand support in behalf of your minor children from your husband who, according to you, is working overseas. Before we deal with your query as to where you can get a sample of a demand letter, we find it necessary to discuss the importance of sending a written demand letter for support to your husband.

First of all, the sending of a written demand letter for support to your husband will hasten the process of obtaining a support from him especially if he would promptly accede to your demand. In that case, there is no need for you to go to court to demand for support.

Furthermore, the written demand for support amounts to an extrajudicial demand which will entitle you to ask for support in arrears in accordance with Article 203 of the Family Code of the Philippines which provides, to wit:

“Art. 203. The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for maintenance, but it shall not be paid except from the date of judicial or extrajudicial demand.

X x x” (Emphasis Ours) 

The above-quoted provision simply means that the right to support only accrues from the time a person needs the said support. However, the same shall be paid only from the time a demand, whether judicial or extrajudicial, is made. So that, a person who failed to give support upon demand by the person entitled for support can be held to answer for the amount of support which he failed to give from the time that the demand was made on him. 

In view of the foregoing, we affirm the previous advice to you to send a written demand letter for support to your husband.

Thus, to address your query as to where you can get a sample of a demand letter, you may visit this website: http://www.ehow.com/about_4571550_demand_letters.html.

Notwithstanding that, we enjoin you to seek the services of a lawyer in the preparation of a written demand letter for support since a lawyer is well-versed as to the different facets of the same. If you cannot afford the services of a lawyer, you may visit our office, the Public Attorney’s Office for free legal assistance subject to its merit and indigency test, particularly our District Office which is usually located at the Hall of Justice or Municipal or City Hall of the municipality where you reside.

We hope that we were able to address your concern.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao <YOUR QUESTION> and send to 2299).