What comprises support?

Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work. (Art. 195, Family Code)

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Who are obliged to give support?

Under Art. 195 of the Family Code, the following are obliged to support each other to the whole extent set forth in the preceding articles of the said code and subject to the provisions of the succeeding articles thereof:

  1. The spouses;

  2. Legitimate ascendants and descendants;

  3. Parents and their legitimate children and the legitimate and illegitimate children of the latter;

  4. Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and,

  5. Legitimate brothers and sisters, whether of full or half-blood.

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Are brothers and sisters not legitimately related bound to support each other? What is the exception?

Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise bound to support each other to the full extent set forth in Article 194, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant's fault or negligence. (Art. 196, Family Code)

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What properties are answerable for support of legitimate ascendants; descendants whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related?

In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related, only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property, the absolute community or the conjugal partnership, if financially capable, shall advance the support, which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership. (Art. 197, Family Code)

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What is the effect of an action for legal separation or for annulment of marriage, and for declaration of nullity of marriage upon the obligations of the spouses to support each other and their children?

During the proceedings for legal separation or for annulment of marriage, and for declaration of nullity of marriage, the spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. 

After the final judgment granting the petition, the obligation of mutual support between the spouses ceases. 

However, in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, specifying the terms of such order. (Art. 198, Family Code)

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What are the guidelines in determining support for the spouses and common children?

In determining support for the spouses, the court may be guided by the following rules:

(a) In the absence of adequate provisions in a written agreement between the spouses, the spouses may be supported from the properties of the absolute community or the conjugal partnership.

(b) The court may award support to either spouse in such amount and for such period of time as the court may deem just and reasonable based on their standard of living during the marriage.

(c) The court may likewise consider the following factors:

  1. whether the spouse seeking support is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment; 

  2. the time necessary to acquire sufficient education and training to enable the spouse seeking support to find appropriate employment, and that spouse's future earning capacity; 

  3. the-duration of the marriage;

  4. the comparative financial resources of the spouses, including their comparative earning abilities in the labor market; 

  5. the needs and obligations of each spouse; 

  6. the contribution of each spouse to the marriage, including services rendered in home-making, child care, education, and career building of the other spouse;

  7. the age and health of the spouses; 

  8. the physical and emotional conditions of the spouses;

  9. the ability of the supporting spouse to give support, taking into account that spouse's earning capacity, earned and unearned income, assets, and standard of living; and 

  10. any other factor the court may deem just and equitable.

(d) The Family Court may direct the deduction of the provisional support from the salary of the spouse.

The common children of the spouses shall be supported from the properties of the absolute community or the conjugal partnership.

Subject to the sound discretion of the court, either parent or both may be ordered to give an amount necessary for the support, maintenance, and education of the child. It shall be in proportion to the resources or means of the giver and to the necessities of the recipient. (Sections 2 and 3, Rule on Provisional Orders, A.M. No. 02-11-12-SC, March 4, 2003)

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What are the factors to be considered by the court in determining the amount of provisional support?

In determining the amount of provisional support, the court may likewise consider the following factors:

(1) the financial resources of the custodial and non-custodial parent and those of the child;

(2) the physical and emotional health of the child and his or her special needs and aptitudes;

(3) the standard of living the child has been accustomed to;

(4) the non-monetary contributions that the parents will make toward the care and well-being of the child. (Section 3, Rule on Provisional Orders, A.M. No. 02-11-12-SC, March 4, 2003)

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