DOES 4-5K A MONTH FINANCIAL SUPPORT ENOUGH?

Hello:

Presuming this is under Philippine jurisdiction, the answer is, 4,000 to 5,000 pesos per month is not automatically “enough” just because he gives something. Under the Family Code, child support must be based on the child’s actual needs and the financial capacity of the parent who gives support. Support includes food, milk, medicine, diapers, school needs, clothing, transportation, and medical care, not just whatever amount the father feels like giving. The law is clear that support must be proportionate to the resources of the giver and the needs of the child.

If he can afford a new phone, a watch, dates, and other personal spending, but keeps reducing support for the child and making excuses, that can strengthen the position that he is willfully failing to give proper support. Under Republic Act No. 9262, or the Anti Violence Against Women and Their Children Act, economic abuse includes acts that make a woman financially dependent or the deprivation or threatened deprivation of financial support legally due her or her child. The Supreme Court has also recognized that victims of economic abuse may seek protection orders and support as relief.

What you should do next is this:

a.) Document everything. Keep screenshots of his messages, proof of the amounts he used to give, proof of the reduced amounts now, receipts for the child’s expenses, and any evidence showing his lifestyle and spending. The case becomes stronger when you can show both sides, the child’s real needs, and his ability to contribute more.

b.) Compute the child’s monthly expenses clearly. Prepare a simple list of milk, food, checkups, medicine, diapers, rent share, utilities share, school or daycare if any, and transportation. Courts do not decide support based on emotion alone, they look at actual numbers.

c.) You may file for VAWC, if the facts show willful deprivation of support. This is especially strong when the father is employed, has earning capacity, and deliberately gives very little or keeps reducing support while spending on non essentials for himself. RA 9262 covers not only physical abuse but also economic abuse.

d.) You may also seek a Protection Order with support. Under the Rule on VAWC, the court may issue relief directing the respondent to provide support to the woman and or child, and may even order withholding from salary in proper cases.

e.) A separate action for support is also possible. Even apart from the criminal aspect of VAWC, the father has a legal obligation to support his child. If your main goal is immediate and regular financial support, a support case or a petition with prayer for provisional support may be a practical route, depending on the facts and urgency.

My candid view is this, 4,000 to 5,000 a month is often plainly inadequate for a child today, unless the child’s needs are unusually minimal and the father truly has no capacity to give more. But if he has money for wants and leisure, and the child gets excuses, that is not a good look for him legally.

I am Atty. Jofre B. Recososa, Owner and Managing Partner of Recososa Law Firm, based in the Philippines, and we have offices in Luzon, Visayas and Mindanao. We can assist in evaluating whether the better move is 1.) a demand letter, 2.) a VAWC complaint, 3.) a petition for protection order with support, or 4.) a separate support action. We can schedule an initial consultation via Google Meet, Zoom, or physical consultation at our office.

Sincerely,