Dear Atty. Peachy,

I am in urgent need of assistance regarding a sensitive family matter. My sister has a 5-year-old daughter with her previous partner. This father currently has a new live-in partner who is obstructing him from providing support to our niece. When my sister requests support from him, his new partner intervenes, asserting that their own child requires more financial support because the child is still a baby compared to my niece who is already attending school. What legal actions can be pursued in this situation, and what laws pertain to the right to paternal support? It is important to note that my niece’s birth certificate includes her father’s signature. Thank you for your guidance.

Pat

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Dear Pat,

Thank you for reaching out regarding your sister’s urgent situation involving child support and the complications stemming from her former partner’s new relationship. This is indeed a challenging circumstance, but there are specific avenues your sister can explore to ensure that her daughter receives the necessary support under Philippine Law.

Under Philippine law, particularly the Family Code, both parents are obligated to provide support to their children regardless of their relationship status. This duty is enshrined in Article 196 of the Family Code, which states that “parents are obliged to support their legitimate and acknowledged children.” This obligation remains even if the parents no longer live together or if one parent has a new partner.

Your sister may file a petition for child support in the Regional Trial Court where she resides or where the child lives. The court will assess the financial capacities of both parents and the needs of the child to determine the amount of support required. It is vital for your sister to gather all necessary documentation, including her child’s birth certificate (which bears the father’s signature), proof of the father’s income and any relevant correspondence regarding support requests. This evidence can help bolster her case in court. If there is an existing child support order that is not being adhered to, your sister can seek the court’s assistance in enforcing this order. The court has the authority to compel compliance with child support obligations.

While the new partner’s input may complicate matters, it’s essential to remember that the legal obligation for child support lies solely with your sister’s former partner.

Atty. Peachy Selda-Gregorio