• Seeking financial aid from parents

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    Persida Acosta

    Persida Acosta

    Dear PAO,
    May a person who has already attained the age of majority, still ask for financial support from his parents?
    KP

    Dear KP,
    Under Philippine laws, every parent is bound by law to provide financial support to their children, whether they may be legitimate or not (Article 195, Family Code of the Philippines). The extent of the support that should be provided to a person entitled to receive the same is provided in Article 194 of the Family Code of the Philippines, to wit:

    “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.” (290a) (emphasis supplied)

    Based on the foregoing, parents are still bound to continue to support their children who are still studying even if the latter have already attained the age of majority. If support has been unjustly withdrawn because of this, the person concerned may ask for support by sending a demand letter for support to his parents who have the obligation to provide him financial support. If despite demand, the parents still refused to comply with their obligation, he may file a petition for support before the Regional Trial Court of the place where he or his parents reside. Once the petition is filed, the court will step in to determine the obligation of the parents to give support. It will then issue an order specifying therein the amount of support and the time that it should be given. In determining the amount of support, the court shall consider the resources or means of the persons obligated to give support and the actual needs of the recipient (Article 201, Family Code of the Philippines).

    We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

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