By the ZSALO team
Too often, it has always been said that Christmas is for children because of the magic, beauty, innocence, happiness and kindness that Christmas brings. That’s why, for us at Z. Soriano & Associates, it’s a good time to talk about children, specifically child support.
Philippine laws provide for legal support which comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. The liability to support shall devolve to both spouse, descendants and ascendants in the nearest degree, and brothers and sisters.
The amount of support shall be in proportion to the resources or means of the giver and to the necessities of the recipient, and maybe reduced or increased proportionately and accordingly. That’s why it is never fixed, and it depends on the changing needs of the child and the resources of the parent. It is supposed to be continuous, despite existence or pendency of actions in court that may affect the civil status of the parties, and future support may not be waived.
As can be drawn from many cases decided by the Supreme Court, in case of an obligation to provide support to a child, his/her best interest shall be taken into account, as well as, all relevant circumstances that would have a bearing on the children's well-being and development. Both legitimate and illegitimate children have the right and shall be entitled to support, and if the latter is recognized or acknowledged by his father, then both parents are responsible for the support.
Under Republic Act No. 9255 also known as An Act Allowing Illegitimate Children To Use The Surname Of Their Father, Amending For The Purpose Article 176 Of Executive Order No. 209, Otherwise Known As The "Family Code Of The Philippines", illegitimate child shall also be entitled to support in conformity with the Family Code, provided that the child’s filiation has been expressly recognized by the father through admission in a public document or private handwritten instrument.
The deprivation or denial of sufficient financial support to the woman and her child is an act of violence penalized under Republic Act No. 9262 also known as “Anti-Violence Against Women and Their Children Act of 2004" and is deemed a continuing offense, provided that it was deliberate.
So parents and kin with the obligation to give child support, we hope that this feature is informative to you. Merry Christmas!