Going After Support

One common problem encountered by single mothers is pursuing financial support in behalf of the minor child. Though the law has always provided for the right of any minor child, whether legitimate or illegitimate, to be supported financially, getting it is not as simple. Initially, a problematic father must be given a chance to provide support without pursuing legal action. So that the demand letter is de rigeur and a condition sine qua non before the petition for support is filed. Being realistic and practical saves everyone a lot of trouble. For instance, if the father of the child is jobless, the action for support though granted in favor of the petitioner, may prove futile if there are no sources of income or properties to draw it from. Assuming, however, that the father holds a regular job that is identifiable, then an easy approach would be to obtain a writ of execution and direct the same against the father’s salary, as is provided by the Family Code.

2 thoughts on “Going After Support

  1. thel

    Hello Atty Christine Florido, another question fro me. How if the father is a foreigner and living in another country, How will I obtain/ file Child support for our daughter. She has his name in the BC. Acquired Philippine and American citizenship. She is illegitimate. Father always saying b4 that he doesn’t have enough money. For two years now I didn’t received any from him aside from gifts sorts of clothes, toys, shoes from the American Grand mother only. But from the father nothing at all. I brought my child to private schools and not to sound mayabang but she’s in a Montessori school. My point is that the father doesn’t help me for the last 2 yrs. And I as her mother wanting best for my child and to be in my company at all times as much as possible. I want to bring her with me Abroad for a vacation and possible staying there but the Father doesn’t want to give me consent. What should I do with this kind of father? No support then depriving our child of better future with me. I mean we are a broken family, thats why I want my daughter as much as possible to be with me wherever I go or reside. No supportive Father that’s why Im trying my best to be there for her at all times. Hope you could advise me on what I should do.

    1. Atty. Post author

      Thel: Unfortunately, the foreign dad who lives abroad is outside Philippine jurisdiction and may be reached through court proceedings filed in the place where he resides. A foreign lawyer based in that area is the best person to consult because foreign laws will apply in that situation.

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