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Child Support

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1 Child Support on Mon Aug 17, 2015 3:29 am

godfrey


Arresto Menor
I am married and separated for 5 years, I provide child support monthly for 20,000 php. My ex wife is demanding for more, we are not legally annulled. My son is 8 years old and lives with my ex wife. We both have child from another partner. I work in Saudi Arabia and having a 1 month vacation annually. She works as a call center agent. My question is this :

1. Is 20,000 pesos enough as child support?

2. What advice can you give me to possibly get the child custody?

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2 Re: Child Support on Mon Sep 07, 2015 11:36 am

Katrina288


Reclusion Perpetua
1. Yes, Php20,000 is enough as child support.

2. Since you and the mother of your son are married, you have joint legal custody over your son. If you want to get your son, you will have to prove that your wife is "unfit" as a mother. "Unfit" could be that your wife brings different men at home and witnessed by your son, loves going to bars/clubs, drinking a lot even at home, addicted to gambling, etc.

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3 Re: Child Support on Tue Sep 08, 2015 2:00 pm

mrs_scofield


Arresto Mayor
Articles 195 and 196 of the Family Code enumerate the persons who are under obligation to support each other, thus:

(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;
(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter;
(5) Legitimate brothers and sisters, whether of full or half-blood; and
(6) Brothers and sisters not legitimately related, whether of the full or half-blood, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant’s fault or negligence.

On the other hand, the amount of support should be in proportion to the resources or means of the giver and the necessities of the recipient, pursuant to Articles 194, 201 and 202 of the Family Code:

Art. 194. Support comprises 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 referred to in the preceding paragraph 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 school, or to and from place of work.

Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

Art. 202. Support in the cases referred to in the preceding article shall 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.

So child support is the obligation of both the husband and the wife, especially so if both are working,  contrary to the understanding of many that it is the sole obligation of the father.

It is noteworthy to mention that there is a law criminalizing the withholding of support in certain cases, read Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women and their Children Act of 2004“.

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4 Re: Child Support on Wed Sep 16, 2015 10:23 pm

concepab


Reclusion Perpetua
godfrey wrote:I am married and separated for 5 years, I provide child support monthly for 20,000 php. My ex wife is demanding for more, we are not legally annulled. My son is 8 years old and lives with my ex wife. We both have child from another partner. I work in Saudi Arabia and having a 1 month vacation annually. She works as a call center agent. My question is this :

1. Is 20,000 pesos enough as child support?

2. What advice can you give me to possibly get the child custody?

20,000/monthly is more than enough for 1 child.

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5 Re: Child Support Today at 11:55 am

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