Dear PAO,

My marriage has been annulled for 4 years now. I told my lawyer that I don’t need financial assistance from my estranged husband to support our child. But now, I realized that I need money from him to support our child who is studying in a private school. Can I ask for support from my ex-husband? He is now living with his partner and their 2 sons.

Geisha

Dear Geisha,

Every child, legitimate or illegitimate, is entitled to receive support from their parents (Article 174, Family Code). Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. The education here shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority (Article 194, Family Code). In case the parents has filed a petition for the declaration of nullity of their marriage or the annulment of their marriage, the order granting said petition shall include the provisions on support of the common children.

It appears however that you did not desire any support from your ex-husband for your common child during the proceeding in the annulment of your marriage. By reason thereof, the court may have made no pronouncement as to the support of your common child. Even if it be the case, you may still demand for support from your husband regardless of the need thereof during the pendency of the annulment case. Article 203 of the Family Code states that 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. Thus, the obligation of your ex-husband arises upon your demand to him even after the termination of the annulment case. It is to be noted that the right to support is based on filiation or the relationship of the child to his parents and not on the existence of marriage of the parents. Under the Family Code, parents and their legitimate children and parents and their illegitimate children shall be obliged to support each other (Section 195, Family Code).

Please be reminded that the above legal opinion is solely based on our appreciation of the problem that you have stated. The opinion may vary when other facts are elaborated.

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