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Petition for Child Support

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1 Petition for Child Support on Thu Mar 21, 2013 2:26 am


Arresto Menor
I would like to seek assistance on how to claim child support from the father of my 2 kids? Honestly, two concerns at this point, I lack financial resources to file a case. Second, the father is out of reach and avoiding me. He has abandoned his obligation for several years now. I just like to know my children's right in claiming for assistance esp in their tuition fee expenses.

Btw, we are not married but he has acknowledgement of paternity in the birth certificates.

Greatly appreciate any assistance on this matter.

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2 Re: Petition for Child Support on Thu Mar 21, 2013 7:14 am


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).

Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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3 Re: Petition for Child Support on Thu Mar 21, 2013 10:48 am

lady in pain

Arresto Menor
good morning po..nag file na po aq RA9262 for my husband kc po 3yrs na sya ndi nag support financially sa anak ko.kaya ko lng po ngaun ginawa to kc nag file na po sya petition for annulment namen eh gusto ko lng po secure ung rights ng anak ko. hiwalay na po kame for almost 3yrs. kung anu anu nilagay nila grounds skin para sa annulment issue which is hndi nmn totoo.then they try to convince me na wag na umapela and mag attend ng hearing pra mapabilis ung process..puede po ba aq mag demand ng letter from atty na nakalagay dun about financial support ng anak ko and assurance po sana na hndi nila gagamitin ung grounds skin in the future for custody ng anak ko?

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4 Re: Petition for Child Support on Thu Mar 21, 2013 5:25 pm


you can demand from them that you reach an agreement on support and custody which can be approved by the same court handling the annulment.

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