Father is delinquent in giving financial support

Dear PAO,
I am asking for help, I’m a single mom. What should I do? I want to ask for financial support for my child who is 7 years old. His father is working in a company but if I don’t force him to give money he will not give any for our son. He doesn’t give monthly allowances and if he does, he only gives P1,000. In a year, he maybe only gives three times to four times. I need the monthly support for my kid since the father has a stable job. He’s married with children. I hope you can help me.

Thank you.

Jo-ann

Dear Jo-ann,
Support is defined under the law as that which “. . . comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family” (Art. 194, Family Code of the Philippines).

Under Philippine law, the following are obliged to support each other:
“(1) xxx;
(2) xxx;
(3) xxx;
(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and
(5) xxx” (Article 195, Family Code of the Philippines).

It is clear from the foregoing that your son is entitled to financial support from his biological father. However, the relationship between the father and your son must first be established before you may effectively and successfully demand support from the biological father.

You must first prove that the man you allege to be the father is indeed the father of your son. If the father has already acknowledged your son as his own by signing at the back of your son’s birth certificate, then that is sufficient proof that he is the father. In such case, you may then file a petition for support before the courts to compel the father of your child to regularly give financial support to your son.

Under the law, the amount of support shall be directly proportional to the needs of the recipient and the means of the giver (Article 201, Family Code of the Philippines). The circumstances, therefore, of both the giver, on the one hand, and of the recipient, on the other, are taken into account in determining the amount of support to be given.

Consequently, the amount of support previously granted may be increased or reduced according to the change in the needs of the recipient and the means of the giver (Article 202, Family Code of the Philippines). The amount of support granted, therefore, is dynamic and may be changed from time to time depending upon the financial situation of the giver and the needs of the recipient.

The fact that the biological father of your son is already married will
not affect your son’s right to get financial support from his father.

However, the courts will take this into account in computing the amount of support which may be given to your son as his father likewise needs to financially support his wife and legitimate children.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter. –PERSIDA ACOSTA, Manila Times