I’m a single mother of a 6-year-old child. Although she was acknowledged by her father, no support has been given to her by her father until now. Is it alright if I demand support from my child’s father and how much?
According to the Family Code of the Philippines, support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family (Article 194, Family Code of the Philippines).
In the same vein, the said law explicitly provides parents and their children, whether legitimate or not, are obliged to give support to each other (Article 195, Ibid.).
On the other hand, the law does not fix the amount of support a child is entitled to receive from his/her father and vice versa. What the law simply provides is that support shall be given on the basis of the capacity of the giver and the need of the recipient. This is according to Article 201 of the Family Code of the Philippines, which expressly provides:
“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.”
Thus, based on the above provisions of law, your child is entitled to be supported by his father and has the right to compel the latter to do so. If there will be no agreement as to how much support your child is entitled to receive from her father, it is the court which shall determine the appropriate amount thereof and compel her father to give the same to the child.
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 email@example.com