Dear Atty. Angela,

I am a single mother with a
three-year-old daughter. My
ex-boyfriend and I used to live together but he left us for another woman. He also stopped giving support to our daughter and it has really been financially hard for me since I only work as an online tutor. Will I be able to ask for child support even if we did not get married and our daughter is illegitimate? What is a good amount to ask from him? Please help.

Queenie

***

Dear Queenie,

Yes, you are entitled to receive financial support for your daughter and you could demand this despite her illegitimacy.

Under Article 195 (4) of the Family Code, a parent is obliged to support his illegitimate child. The support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family. The amount thereof is variable and may 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 support. (Catapusan v. Catapusan, G.R. 214721 (17 August 2015)

Since filiation is beyond question, support follows as a matter of legal obligation. Your ex-boyfriend being the biological father of your child is obliged to financially support your daughter but is subject to his financial capacity. The law provides that the amount of support should be proportional to the resources or means of the giver and the necessities of the recipient.

Both you and your ex-boyfriend can agree on the amount but in absence of which, the court will decide the matter based on its assessment. Again, this may be reduced or increased proportionately depending on the child's needs and the father's financial capability which may change accordingly.

Atty. Angela Antonio