Dear PAO,
I have a brother. His girlfriend got pregnant and he was below 21 years old at that time. They are not married. My brother claims that the child was his but I doubt it. The child carries the mother’s surname and lives with her family. Both of them are currently employed. My brother supports the child financially, giving him P2,000 to P3,000 a month. The child is now two years old. Now, the mother of the girlfriend asks for more. Well, I don’t know how much is enough for child support since I am still single. The girlfriend’s mother, however, threatens to go after my brother’s employer if he doesn’t agree to her demands. Can she do that? Can we give the child goods instead of money to ensure that the child receives the support and the mother doesn’t use if for herself?
Sap

Dear Sap,
As can be inferred from the acts of your brother, it appears that he recognized the child. As such, it is incumbent upon him to give support to his child. According to the law, parents and illegitimate children and the legitimate and illegitimate children of the latter are obliged to give support to each other (Article 195, Family Code of the Philippines).

Under Article 194 of the Family Code of the Philippines, support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation. Thus, support may be given in kind or its equivalent monetary value.    

The amount of support that may be demanded varies from one to another depending on the necessities of the receiver and the financial capacity of the provider. This is what Article 201 of the abovementioned law says. As such, there is no fixed amount of support that the law provides, the same is dictated by the needs of the person to be supported and the capability to provide of the person legally obliged to give support.

Taking into account the foregoing, the mother of the child has the right to demand support from your brother. She may do this by informing your brother of his obligation to his child through a demand letter or if the same falls on deaf ears she may file a Petition for Child Support.

With regard to the threat of the child’s mother that she will approach the employer of your brother so that the latter may deduct portion of your brother’s salary as support for his child, we are of the opinion that this will not bear any positive response from his employer. More often than not, employers do not interfere with the private lives of their employees. Thus, they will not heed the request of a mother of a child for support unless there is a court order mandating the said deduction. In other words, unless and until a court order is obtained by the mother of your brother’s child or he himself agreed to the said deduction, his employer will not hesitate to turn down the said request.

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.


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