One of the obligations of the parents toward their children, whether legitimate or not, is the obligation to provide support (Article 195, Family Code of the Philippines). Being specifically mandated by law, this obligation shall be complied with even if the parents concerned already have their own separate lives. The provision for support shall comprise everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation in keeping with the financial capacity of the family. The education of the person entitled to be supported shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from the school or to and from the place of work (Article 194, Family Code of the Philippines).
Undoubtedly, your children with your partner are entitled to receive support from their father. Their right to support shall not cease just because their parents are not together.. Your partnerís obligation to provide support shall be demandable from the time your children need it for maintenance. However, it shall only be paid from the time you made a judicial or extra-judicial demand.
You may initially ask for support from your partner by sending him a demand letter for support. You may state in the letter the amount of support that your children need and the time when your partner should give it. By doing so, you and your partner may have the opportunity to amicably settle the provisions for support for your children without going to court. However, if your partner shall unjustly refuse to give support despite demand, you may compel him to comply with his obligation by filing a petition for support before the Family Court of the place where you or your partner currently resides. In this case, the court will step in and determine the amount of support that your partner should give, taking into consideration the actual needs of your children and his financial capacity (Article 201, Family Code of the Philippines). Note, however, that the amount of support, even if decreed by the court, is never intended to be final but only provisional. It may still be increased or decreased proportionately according to the increase or reduction of the needs of your children or your partnerís resources (Article 202, Family Code of the Philippines).