• Court can order automatic remittance of child support

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    Persida Acosta

    Persida Acosta

    Dear PAO,
    I need your expert advice on my situation regarding child support for my daughter who is one year old. Her father and I are no longer together. I am just concerned if there is anything that I can do to get financial support from him for my daughter. We are working in the same company. Is it possible for me to get money automatically deducted from his pay check?
    Aria

    Dear Aria,
    The law expressly mandates parents and their children to give support to each other, whether their relationship is legitimate or not. Undeniably, your daughter has a right to demand support from her father. Support is defined by the Family Code of the Philippines as follows:

    “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.”

    Under the said law, the obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for maintenance, but it shall not be paid except from the date of judicial or extrajudicial demand (Article 203).

    Based on the above provisions, it is imperative that demand must be made to require the father of your daughter to fulfill his obligation to give support to the latter. If he fails to comply with his obligation, he may be compelled to do so by the filing of an appropriate civil action in court. His deliberate failure to provide support to your daughter may also give rise to the filing of a criminal complaint against him for violation of Republic Act (R.A.) No. 7610, also known as the Special Protection of Children Against Abuse, Exploitation and Discrimination Actof 1992or R.A. No. 9262, also known as the Anti-Violence Against Women and Their Children Act of 2004.

    It is worthy to mention that under R.A. No. 9262, a mechanism was introduced for the purpose of preventing further acts of violence that may be inflicted against a woman or her child/children. This is particularly provided by Section 8 thereof to wit:

    “SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim’s daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. The provisions of the protection order shall be enforced by law enforcement agencies. The protection orders that may be issued under this Act are the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO). The protection orders that may be issued under this Act shall include any, some or all of the following reliefs:
    xxx

    (g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent’s employer for the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court;
    xxx” (Emphases supplied)

    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.

    Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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    1 Comment

    1. Dear Pao,
      In relation to the above concern, I would like to share too. The father of my son went for abroad (TNT) with inpiring promises, yet he left nothing like food, money for house rent, etc. Our son was just less than 2 years old and I raised him alone, and now he’s already 30 years old, with disabilities, single and jobless due to his brain operation. He’s an illegitimate child since we’re not married. Lately, I heard and learned that he has 3 children with the previous wife, then had 1 with me before he left, then another 1 with the woman who helped him from being a TNT. But, not suprisingly, he divorsed this woman and jump from woman to woman. I am sure he’s financially capable of supporting my son as I know he has a business of his own. I am still single and not expecting anymore that he still like us because of so many years had passed that we’re not together and without communication as he doesn’t want to. I’ve been contacting him by phone and emails but he’s not answering. I would like to know how I can ask for the rights and/or support for my son, specially that he needs financial support for his hospitalization and long term-medication.

      Please advise.

      Thank you,
      Skye