Dear Kuya D.
My name is Amelita Orpiano from Tarlac, just call me Amor for short. I have a partner for ten (10) years but we are not married. We have a five (5) year old child out of the said relationship. However, two (2) years ago, we decided to part ways due to irreconcilable differences. Since then, he’s been giving my child and I a monthly financial support of TEN THOUSAND PESOS (P10,000.00).
Recently, I learned that my ex-partner Eduardo, already got married to a girl named Claudia who just gave birth yesterday. Eduardo called me and said that our monthly support will now be reduced to FIVE THOUSAND PESOS (P5,000.00). I screamed NOOOOOOOOO! But he insisted because according to him, he now has another child and a wife to support.
I have a plan. I wanted to enter into an agreement with him regarding our monthly support and that I wanted for it to remain TEN THOUSAND PESOS (P10,000.00). What should I do? Please tell me!
Kalma lang po. Reading your story, let me answer the following questions for you:
- Are you entitled for support from your ex-partner?
- Is your child entitled for support?
- Can he reduce the current monthly TEN THOUSAND PESOS (P10,000.00) financial support that you are receiving from him?
- Can you enter into agreement for it to remain TEN THOUSAND PESOS (P10,000.00)?
- Does the law provide for a fixed amount of support?
Let me discuss to you what support is.
What is support?
Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation in keeping with the financial capacity of the family. (Art. 194, Family Code)
1) Are you entitled for support from your ex-partner?
I’m sorry to say but “You” are not entitled for support from your ex-partner. The law provides under Article 195 of the Family Code that only:
- Legitimate ascendants and descendants;
- Parents and their legitimate children and the legitimate and illegitimate children of the latter; and
- Legitimate brothers and sisters, whether of the full of half-blood. (Art. 195, Family Code)
are obliged to support each other. Considering that you are not the spouse, your ex-partner is not obliged to support you.
2) Is your child entitled for support?
Definitely, your child is entitled for support and that is also based on Article 195 of the Family Code as provided above.
3) Can he reduce the current monthly TEN THOUSAND PESOS (P10,000.00) financial support that you are receiving from him?
Yes. The law provides that support shall be increased or reduced proportionately, according to the increase/or reduction of necessities of the recipient and the resources or means of the person obliged. (Art. 202, Family Code)
Since you mentioned that Claudia, Eduardo’s wife just gave birth then it is understood that the resources of your ex-partner will now be divided in accordance to the needs of his family and his child with you. Thus, the TEN THOUSAND PESOS (P10,000.00) monthly support that your child is receiving may be reduced. Of course, it will be a different story if your ex-partner’s salary allows or makes it possible for the P10,000.00 monthly support to be maintained.
4) Can you enter into agreement for it to remain TEN THOUSAND PESOS (P10,000.00)?
Yes. You can always enter into an agreement for the financial support to remain TEN THOUSAND PESOS (P10,000.00) but remember that there is a provision that says that support can also be increased or reduced depending on the resources or means of the person obliged.
So, even if you have a written agreement that the monthly support shall be TEN THOUSAND PESOS (P10,000.00) but the salary of the person obliged to support is, for instance, TWENTY THOUSAND PESOS (20,000.00) and he is also supporting a wife and a child, then it wouldn’t be fair that you will be getting half of his salary.
5) Does the law provide for a fixed amount of support?
No. It shall be in proportion to the resources or means of the giver and to the necessities of the recipient. (Art. 201, Family Code)
Sit down with your ex-partner and show him a breakdown of the needs of your child. It will be a better approach that way rather than insisting for a fixed amount with the other party wondering if the said amount is being spent properly. The normal tendency of the support giver is to think that you are not spending everything for your child and that you are using the money for other purposes. So the best solution is to back up your demand with some details.
Also, it is for the best interest of your child that you remain friends with your ex-partner so that it will not be heavy on his heart to be handing you your child’s financial support. It is true that the money goes to his child and he shouldn’t be complaining but it will still be different if the person managing his child’s money accepts it with a smile. Besides, you have both decided to separate ways so just maintain a friendly relationship for you and your child’s sake.
I hope I was able to help you with your concern Amor. If you have some clarifications, just drop a personal message on my facebook page and remember that the above advise is only based on the story you have provided. Meanwhile, if you want to be relieved from stress, read some of my articles under HUMOR category.
Thank you very much and wishing you good life ahead. 🙂