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...

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: The spouses; Legitimate ascendants and descendants; Parents and their legitimate children and the legitimate and illegitimate children of the latter; Parents and their illegitimate...

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) ...

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,...

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,...

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...

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...