SUPPORT

What is support?
Support is everything that is indispensable for sustenance, dwelling, clothing and
medical attendance, according to the social position of the family.
Support also includes the education of the person entitled to be supported until he
completes his education or training for some profession, trade or vocation, even
beyond the age of majority.
Who are obliged to provide support?
Under Article 105, Family Code, the following are obliged to support each other to
the whole extent set forth in the preceding article:
1. The spouses;
2. Legitimate ascendants and descendants;
3. Parents and their legitimate children and the legitimate and illegitimate
children of the latter;
4. Parents and their illegitimate children and the legitimate and illegitimate
children of the latter; and
5. Legitimate brothers and sisters, whether of full or half-blood
Can I ask support from my sister even though she is not my legitimate sister?
Yes. Under article 105 of the Family Code, Legitimate brothers and sisters, whether
of full or half-blood are obliged to give support to the whole extent.
How much is the amount of support to be granted?
The amount of support should be in proportion to the resources or means of the
giver and to the necessities of the recipient. (Article 201 of the Family Code)
Can it support be reduced or increased?
Yes. Support can be reduced or increased proportionately, according to the
reduction or increase of the necessities of the recipient and the resources or means
of the person obliged to furnish it. (Article 202 of the Family Code)
When can support be demanded? When shall payment be made?
Article 203 provides that the obligation to give support is demandable from the time
the person who has a right to receive it needs it for maintenance, but it cannot be
paid except from the date of judicial or extra-judicial demand. While the action is
pending, you can claim for Support pendente lite.
Payment must be made within the first five days of each corresponding month.
When the recipient dies, his heirs cannot be obliged to return what he has received
in advance.
Does the person obliged to give support has an option as to how he can
give the support?

Yes. Article 204 provides that the person obliged to give support has the option to
fulfill the obligation either: (1) by paying the allowance fixed, or (2) by receiving and
maintaining in the family dwelling the person who has a right to receive support.
However, the second alternative cannot be used if in case there is a moral or legal
obstacle.

Support During Marriage

What is the founding basis of the obligation to give support to the wife?
Under Art. 68 of the Family Code, the wife has the right to live with her husband, be
mutually bestowed with love, respect, and fidelity, and be rendered with help and
support. In return, the wife also has the obligation to do the same to her husband.
What type of support can my spouse give me during marriage?
The kind of support mentioned in Article 194 of the Family Code, which is everything
indispensable for sustenance, dwelling, clothing, medical attendance, education and
transportation, in keeping with the financial capacity of the family.
Is my husband obliged to give all his earnings to me?
No. The law only requires that each spouse will give mutual support that is
indispensable for sustenance, dwelling, clothing, medical attendance, education
transportation, in keeping with the financial capacity of the family.
Does support only includes money?
No. Support is everything that is indispensable for sustenance, dwelling, clothing
and medical attendance, according to the social position of the family.
Support Pending Annulment/Legal Separation and After Annulment/Legal
Separation
Does the obligation to support ceases if I file an annulment against my
husband?
No. During the proceedings for legal separation or for annulment of marriage, and
for declaration of nullity of marriage, the spouses and their children shall be
supported from the properties of the absolute community or the conjugal
partnership. (Art. 198, Family Code)
Is my husband still oblige to support me even if our marriage is already
annulled?
No. The obligation of mutual support between the spouses ceases after the
marriage is annulled but your legitimate children will still get support from your exhusband. (Art. 198, Family Code)

What if instead of annulment, my husband and I are only legally

separated?
In case of legal separation, the court may order that the guilty spouse shall give
support to the innocent one, specifying the terms of such order. (Art. 198, Family
Code)
Support for Abandoned Women and Child
What can I do if my husband abandons me and my child?
If you and your children have been abandoned by your husband or live-in partner,
you can compel him to give financial support by filing a petition for Protection Order
under RA 9262. In filing this petition, you can get free legal help from the Public
Attorneys Office or the Integrated Bar of the Philippines chapter offices. You can file
the petition with the Family Court of the place where you live.
Can I still get support while the action is still pending?
Yes. You can file a petition for support pendente lite before the court to compel your
husband to provide you with support while the action is pending.
What happens in a proceeding for support?
The Family Court judge will set the amount of support in proportion to your needs
and the resources of your husband or live-in partner.
What if my husband is working abroad and he refuses to give support?
You can file a proper action in the court or wait for your husband to return in the
Philippines and file a Hold Departure Order under R.A. 9262, so that he cannot leave
the country while the action is pending in the court.
What if I was given support by a person who is not my husband or a
stranger, can he claim for reimbursement?
Yes. When, without the knowledge of the person obliged to give support, it is given
by a stranger, the stranger shall have a right to claim the same from the former,
unless it he gave it without intention of being reimbursed. (Art. 206, Family Code)
What other rights, does my relatives or stranger have when they render
support in lieu of my husbands absence?
Article 207 also provides that when the person obliged to support another unjustly
refuses or fails to give support when urgently needed by the latter, any third person
may furnish support to the needy individual, with right of reimbursement from the
person obliged to give support. Article 207 particularly applies when the father or
mother of a child under the age of majority unjustly refuses to support or fails to
give support to the child when urgently needed.
If my husband abandons me, can I ask support from other people for my
child?

Yes you may but the law does not provide for an obligation to strangers to support
your child while you husband is alive. The parents are the primary persons obliged
to render support to the child. However, if your husband has abandoned you with no
means of finding him and you cannot support your child alone, you may ask for
support from other people obliged by law to give support, such as legitimate
ascendants or descendant under Article 105 of the Family Code. Article 199 also
provides the order of persons oblige to give support.
1.

The spouse;

2.

The descendants in the nearest degree;

3.

The ascendants in the nearest degree; and

4.

The brothers and sisters.

Sources: http://famli.blogspot.com/2006/10/support-for-abandoned-woman-andfamily.html and Family Code