Demand For Child Support From Father With No Source Of Income

Many would have already known that an illegitimate child is entitled to support. Does this law still apply to fathers who have no income? The father may have acknowledged his illegitimate child, but refused to provide support due to lack of income. According to the Family Code of the Philippines, the father of the illegitimate child is still responsible to provide support. The support will be be taken from the separate property. In the event the spouse does not have any separate property, the support will be taken from the conjugal partnership or absolute community. This is also referred to as the common property of the spouses. Now, if the wife is the breadwinner of the family, the income will be considered as an absolute community of gains. The only time the party will be liable to provide support is when the amount essential for the support of the family has been deducted. 

Art. 197. In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related, only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property, the absolute community or the conjugal partnership, if financially capable, shall advance the support, which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership. (n)

Art. 198. 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. After the final judgment granting the petition, the obligation of mutual support between the spouses ceases. However, 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. (292a)

Art. 199. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided:

(1) The spouse;

(2) The descendants in the nearest degree;

(3) The ascendants in the nearest degree; and

(4) The brothers and sisters. (294a)

Art. 200. When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them in proportion to the resources of each.

However, in case of urgent need and by special circumstances, the judge may order only one of them to furnish the support provisionally, without prejudice to his right to claim from the other obligors the share due from them.

When two or more recipients at the same time claim support from one and the same person legally obliged to give it, should the latter not have sufficient means to satisfy all claims, the order established in the preceding article shall be followed, unless the concurrent obligees should be the spouse and a child subject to parental authority, in which case the child shall be preferred. (295a)

Pinoy Attorney

Written by : Pinoy Attorney