Dear Atty. Peachy,

I became a father to a son outside of marriage at a young age. Since our separation, he has been living with his mother, but I have been supporting him until now that he is 13 years old. When I was gainfully employed, earning the daily minimum wage, I used to regularly send P2,500 every 15th and 30th of the month as soon as I received my salary. However, this financial support stopped when I resigned from work two years ago. During these past two years, I have been responsible for picking him up and dropping him off at school and giving him a school allowance.

Presently, I am employed as a delivery rider, but I only earn about P400 a day. The mother of my son is now insisting that I provide financial support of P3,000 every 15th and 30th of the month for my son. I informed her that I can only afford to give P1,500 every 15th and 30th of the month given my current earnings. Despite this, she is unwilling to agree and has threatened to involve the barangay.

I want to know whether she has the right to demand a specific amount of support or if I am only obligated to provide what I can afford. I want to emphasize that I am not neglecting my responsibilities as a father and strive to provide my son with whatever he needs to the best of my ability.

Ariel

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Dear Ariel,

It is commendable that you are committed to fulfilling your responsibilities as a father and ensuring the welfare of your child.

Under Philippine law, particularly under the Family Code, parents are obliged to provide support to their children. This support includes financial assistance to cover the child’s basic needs, education, and other essential expenses. The amount of support expected is determined based on the needs of the child and the financial capacity of the parent.

The mother of your son has the right to demand financial support for your child, as it is your legal obligation as a parent. While she may request a specific amount, the law generally requires parents to provide support according to their means. This means that you are expected to give what you can afford based on your current income as a delivery rider, rather than an amount that may exceed your financial capabilities.

If there is a disagreement between parents regarding the amount of financial support, it is advisable to try to reach an amicable agreement. If no agreement can be reached, either party may seek assistance from the Barangay or file a case in court to settle the matter. It is crucial to note that providing evidence of your financial capacity is important, as the amount of support required is determined based on various factors, including your financial status.

Atty. Peachy Selda-Gregorio