Child Support Rights for Single Moms
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ScribdTranslationsChild Support Rights for Single Moms
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ScribdTranslationsJustice has prevailed. THANK YOUUUU so much Attorney.
Single moms, whether married or not, you have a big battle when it comes to asking for regular support from the father.
your children. So what are you waiting for, go to PAO right away, bestie. You are supported by R.A. 9262 'Anti-Violence'
Against Women and Their Children Act of 2004." This crime is punishable because it is a type of "economic
"abuse" where the free movement of a woman is limited and controlled due to the actions of a man. The
this situation is stated in Section 4 (e) of R.A.9262 as a form of 'economic abuse' that will provide mental or
emotional suffering for the victim. Any spouse or partner who does this is punished by imprisonment.
correctional.
Just a tip, to make it easier for you to file a complaint, you should:
Your kids' dad has a regular source of income.
Do you know the complete address?
He/She signed the birth certificate of your children.
It's fine even if he didn't sign, but you'll have to spend on DNA testing, lol.
4. You are trying or making an effort to ask for support from him.
So girl, don’t martyr yourself anymore. Yes, we can raise our children alone. Of course, we are women. We are strong.
But don't take the responsibility for the kids all by yourself. You both did that together. Are you just going to let it go?
You are working hard to provide for your family, but the father of your children is living as a bachelor because there is no
supporting a child? That's called begging and pleading. It is the OBLIGATION of the father that you should remind him of.
girl.
I also went to VAWC at the Muntinlupa police station. If I'm not satisfied with the decision of PAO, I'm told I can...
They will directly handle it. In two to three weeks, the father can be imprisoned through the decision of the court. You will undergo a
2-3 sessions of psychological therapy to see if there has been a psychological effect on you from the lack of support.
of the father of your kids. If proven according to VAWC and convicted by the court, you can have the father of your kids imprisoned.
That's been 6-12 years.
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COMMON QUESTIONS:
How much did I spend filing a complaint at PAO? None. If there is, it's just my transportation going to the Hall of
Justice and the payment for LBC for the letter from the Attorney inviting the father of my kids to talk with us at
PAO.
2. What if my father and I are not married and the man has his own family, can I still ask for support?
The issue of whether the parents are married or not is not important for support because even if the parents are not married, there is still
A child or illegitimate child has the right to seek support from their parents. R.A. 9262 otherwise known as the Anti-
The Violence against Women and their Children Act punishes with imprisonment for a man not providing support to his ...
spouse or common-law partner (live-in) and their children, and this is referred to as "economic abuse." It is different from
"psychological abuse" or "physical abuse" also has appropriate penalties. This crime is applicable to married couples or
living together, whether married or not, where they have children. This includes the punishment for the man not providing.
sufficient or proper support for his wife or partner and their children.
3. What if the father is unemployed? I'm not really sure. But based on the comments, it is said that it is passed on to the male's parents.
the responsibility to provide for the child.
4. How much support should be requested? It depends on the father's salary or income. You will also split the computation so it's a 50-
No, the wants of the children are not included. Only the needs. For example, we have two children, 2 years old.
and 1 year old. He will provide P6000 as support as we agreed. My share for the children is also P6000, so a total of
P12000. Here is the breakdown:
Cats for 1 month - P6,640
Distilled water - P960
Diaper - P1344
Miscellaneous (electricity, water, soap, rice, viands, vitamins, shampoo, coupons, clothes, check-up, purchase of medicine, for-
about my family who takes care of the children) - P3,056
Here it is. Share, not everything is for the man.
There is no exact amount for providing support. According to Article 201 of the Family Code, support depends on
the capabilities of the giver and the needs of the receiver. The support provided may be increased or decreased
it also depends on the capabilities of the giver and the needs of the recipient. In short, people with
Higher income is expected to provide greater support compared to those with lower income.
Angelico Cabredo
I will also include the answer I got from E-Lawyer's online:
To determine how much the parents should give their child on a monthly basis, it is necessary
The monthly expenses of the child, consisting of his monthly support, must be listed first. According to Article 194 of the Family Code.
Code, the 'support' consists of food, housing, clothing, medical attendance, education, and transportation as appropriate.
the financial capacity of the family including 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. This means,
Support depends on the family's financial capability, so the luxuries of a spouse or child cannot be included.
in requesting support.
After computing the child's monthly expenses, it will be divided 50/50 and the 50% of the said expenses is the amount that
the obligation of the father to provide and the remaining 50% is the amount that is the obligation of the mother. The other major expenses
Like tuition fees, medical and hospital expenses will also be equally divided 50/50 by the child's parents as provided in the Family Code.
Support for a child should be mutual between both parents, not only one of them, and this should be shared fairly.
in Article 201 and 202 of the Family Code. According to Article 201 of the Family Code, the support or sustenance of parents for their children is
It depends on the capacity or ability of the parents and on the needs or necessity of the child. It is in Article 202 that
Support or sustenance for the child can be increased or decreased depending on the rise or fall of the parent's ability.
needs of the child.
5. How to fight in court?
If he does not have proof that he is providing support REGULARLY, the case will be over quickly.
6. What if he/she already has a family?
Regardless of your child's status, whether legitimate or illegitimate, your child has the right to support; that is the right of your children.
The law of RA9262 is strict, the process is easy, do not let the father of your children be irresponsible.
7. What if my mother is involved with another man and expects me to cover all the expenses for the child even though I have a job?
Where is the mother?
Answer from E-Lawyers online -
The common misconception in the Philippines is that only the father should support the family and that the mother has no obligations.
to provide support for the child. According to Article 68 of the Family Code, spouses have the obligation of mutual help and
support. Consequently, the two will help and support each other and for the family. This was further supported by
Article 70 of the Family Code states that both spouses are responsible for the support of the family. This means that
Not only the father should provide support, but the mother should also provide support.
Art. 70. The spouses are jointly responsible for the support of the family. The expenses for such support and other conjugal
obligations shall be paid from the community property and, in the absence thereof, from the income or fruits of their separate
properties. In case of insufficiency or absence of said income or fruits, such obligations shall be satisfied from the separate
properties.
9. How can the amount of support be increased or decreased?
You can request this from the court, as long as you have evidence that the needs of the have increased or decreased.
The child grows up or the father who is providing support also earns less.
10. When can support be requested, and when should it be given?
This should be given at the very moment of the child's need.
Philippines
11. Is there an expiration date for child support?
In our law, support should be given until the child turns 18 years old. (Section 3 of Republic Act 6809) However, the
Support for the child's education should continue until the child completes their studies within the normal timeframe.
this period will end, even if one is already over 18 years of age. (Article 194 of the Family Code of the Philippines)
Is there a limit to education support?
There's nothing, because everything needed for studying like tuition, books, uniforms, etc. should be provided. This includes...
all expenses for transportation to and from school or training center.
13. How is support provided?
This is done through: (a) Giving money directly or; (b) The father adopting his child. (Article 204 of the
Family Code of the Philippines
14. What are some examples of moral or legal barriers to the adoption of a supporting father?
If the Father was cruel to the child (Pascual v. Martinez, C.A. 37 O.G. 2418)
in the commission of sexual abuses against a spouse (Goitia v. Campos Rueda, 35 Phil. 576)
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That's all momshies. This is the time for us single moms to take action. This should be an eye-opener for everyone to realize that
It is a crime for men not to provide support, and it is not something trivial. Let's take action to reduce the
Just keep fighting, father!
from a single mom who is not looking for a Mio