The Importance of R.A. 9262 or Criminalizing Lack of Father’s Child Support

According to the Trade Union Congress of the Philippines, at least 13.9 million Filipinos are single parents who carry the burden of raising their family by themselves. Sadly, most of them are single mothers who came from an abusive relationship.

 

But thanks to the Republic Act No. 9262 or known as “Anti-Violence Against Women and Their Children Act of 2004”, single moms can now seek financial support to their ex-partners. How?

 

THE PHILIPPINE LAW AND CHILD SUPPORT

 
THE PHILIPPINE LAW AND CHILD SUPPORT

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According to the law, child support is described as everything that is indispensable. Food, house, clothing, medical attendance, education, and transportation.

 

The law emphasizes that this support SHOULD include schooling or training for some profession, even beyond the age of majority [Art 194, Family Code of the Philippines].

 

HOW MUCH SUPPORT CAN I EXPECT?

 
HOW MUCH SUPPORT CAN I EXPECT

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In some cases referred in Articles 195 and 196, the amount of support shall be in proportion to the resources of the giver and to the necessities of the recipient. [Art 201, Family Code of the Philippines]

 

If your ex-partner has investments or a good job, support can be drawn from these sources. If not, however, there is no possible way that support can be received even if there is a court order for it.

 

So if you’re planning to meet your ex-partner, make sure to create a list of your child’s expenses for schooling and maintenance.

 

CRIMINALIZING LACK OF FATHER’S CHILD SUPPORT

 
CRIMINALIZING LACK OF FATHER’S CHILD SUPPORT

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If you already talked to your ex-husband and still doesn’t get any child support, it’s time to use an iron fist.

 

R.A. 9262 puts pressure on a father to provide for his child by threatening him with criminal action if he does not provide support.

 

Section 5 e (2) in particular discusses Child Support:

 

Depriving or threatening to deprive the woman or her children of financial support legally due to her or her family, or deliberately providing the woman’s children insufficient financial support.

 

Meanwhile, Sec 6 (c) discusses the PENALTY as punishable by prison correctional or jail.

 

WHAT DOCUMENTS DO I NEED FOR A CHILD SUPPORT CASE?

 

WHAT DOCUMENTS DO I NEED FOR A CHILD SUPPORT CASE

 

If your decision is final and you want to file a child support case, here are the documents that you need to present:

 
    • PSA Birth Certificate and proof of paternity such as Affidavit of Paternity and any other proofs, if illegitimate.
    • PSA Marriage Certificate if you were married
    • Receipts and expenditures related to the child
    • Properties and proof such as titles, bank accounts, etc. of the other spouse
    • Summary of your ex-partner’s income and proof
 

It is better to gather more proof and papers to support your case and to add credibility to your claim.

 

If you know someone who needs this information, share this and help them to know their rights. It is time for women to stand up and demand respect.

 

Instead of saying, “A woman without her man, is nothing”. We should say, “A woman: without her, man is nothing”.

 

Source: lawyerphilippines.org

Samantha Baluyot

Sam joined Remit this 2018. She is a Journalism graduate who loves to see the world in different point of views. Her goal in writing is to inspire her readers to have a better perspective and to live a meaningful life. She may look aloof but she’s a very friendly and a happy-go-lucky person.

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