Properties of parent may be garnished or levied to grant support to children

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Persida Acosta

Persida Acosta

Dear PAO,
My live-in partner, an ordinary seaman, has two children from a previous relationship. He did not marry the mother of his children. The mother of his children is seeking support from my partner. But he could not anymore provide for support because of medical reason. Now, the mother is threatening my partner that she will get his properties to support the children. Is this possible?
Ela S.

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Dear Ela S.,
Every parent has the obligation to their children, whether legitimate or illegitimate, to provide for support (Article 195, Family Code). Support, here comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. The education shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority, while transportation shall include expenses in going to and from school, or to and from place of work (Article 194, Family Code).

The amount of support depends upon the necessities of the recipient and the resources or means of the person obliged to furnish the same (Article 202, Family Code). A petition for support may be filed in court in order to enforce this right of support. In this case, the court shall order the defendant to provide for support to the persons entitled thereto setting forth the amount and manner of payment of such support. Following the provision of Section 9, Rule 39, Rules of Court, your partner, in case he shall be adjudged to provide support to his illegitimate children shall, after demand thereof, comply with the said judgment by payment in cash, certified bank check, check payable to judgment obligee or any other form acceptable to the latter. If your partner cannot pay all or part of the obligation on said modes, the sheriff shall levy upon his properties of every kind and nature whatsoever which may be disposed of for value and not otherwise exempt from execution giving the latter the option to immediately choose which property or part thereof may be levied upon to satisfy judgment. If your partner does not exercise this option, the sheriff shall first levy on the personal properties, if any, and then real properties if the personal properties are insufficient to answer for the judgment. The sheriff may likewise levy on debts due to the illegitimate children and other credits, including bank deposits, financial interests, royalties, commissions and other personal properties not capable of manual delivery in the possession of third parties.

Based from the foregoing, it is possible that the personal properties of your partner may be garnished and real properties be levied in order to satisfy a judgment granting support to the children.

Finally, 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 included or elaborated.

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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