Determining child support from estranged spouse

Dear PAO,

If a marriage is already annulled, can the former wife demand 50 percent of the former husband’s salaries and benefits as support for their children? Can the husband instead decide the amount of support to be given to his children? Until when are children entitled for support?
Racquel (2)

Dear Racquel (2),
Under Article 195 of the Family Code, the parents and their legitimate children are obliged to support each other. The support mentioned under the Family Code consists of those which are indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family (Article 194, Family Code).

Even if the marriage of the husband and the wife is annulled or declared null and void, his children can still demand support from the former. This is because it is only the marriage bond of the spouses that is being dissolved and not the right of the children for support, which emanates right from the paternal relation of the children with their father. Hence, the obligation of the father to support his children remains.

The Family Code does not state the amount which the parents are required to give to their children as support. Article 194 of the Family Code merely states that the support should be in keeping with the financial capacity of the family. This means that the amount of the support shall be in proportion to the resources or means of the giver and to the necessities of the recipient (Article 201, Family Code). Thus, the former husband may give less than 50 percent of his salaries and benefits or more than such amount to his former wife as support to their children, provided that the essential needs of said children are maintained. However, such support may be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same (Article 202, Family Code).

Nonetheless, the spouses may agree by themselves the amount to be given as support. If the spouses do not agree to the amount of the support or either or both parents fail or neglect to give support, or if the support given is not sufficient to the needs of their children, they, through a guardian or through one of his parents, may file a petition for support.

The parents, to whom the obligation to give support is primarily imposed, shall continue to give support to their children until the age of majority. However, such obligation may extend beyond the age of majority in case the children are in school or are undergoing training for some profession, trade or vocation (Article 194, Family Code).

We hope that we have answered your queries. We wish to remind you that the above legal opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when other facts are changed or elaborated. –PERSIDA ACOSTA, Manila Times

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