Bill Criminalizes Fathers Who Fail To Provide Child Support

Child support is an issue that needs more work because there are still parents who do not take the law seriously by deliberately refusing to give legal support to children despite the court order. Rep. Rosenda Ann Ocampo has recently filed the bill that criminalizes fathers who fail or refuse to provide legal child support without justifiable cause. If this bill is passed, single mothers who have suffered enough for years raising their children will receive the support intended to them.

At present, the country has Republic Act 9262 otherwise known as the Anti-Violence Against Women and Their Children Act of 2004. In the current law the parent should remit the support to the parent who has the parental authority or legal custody over the child. However, there are still parents who refuse to give legal child support. If the bill will be passed, parents who are unable to provide support for a period of more than six months will be penalized. Any parent who pays less than the agreed amount will also be penalized.

According to the proposed bill, a penalty of P25,000 or imprisonment of not less than six months for the first offense. The parent will also be required to pay the unpaid legal children support fees. The fill is increased to P50,000 or imprisonment of not less than one but not more than two years. The total unpaid amount of legal child support fees will also be settled. While the bill is still pending in congress, parents will rely on the current law in the meantime.

"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.

Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

Art. 202. Support in the cases referred to in the preceding article shall 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 the same. "

Pinoy Attorney

Written by : Pinoy Attorney