The Philippines Travel Guide

as far as i know if the child bears the surname of your bestfriend, and the name of your bestfriend appears on the child’s birth certificate, the child has the right to have a support from his father not the mother.

The Philippines and the United States have no lateral agreement concerning Child Support. (I have a neighbor who is retired State Department). The Filipina mother can not go after him for child support, unless she lived in the United States and went through the legal process with the court having jurisdiction over father. To answer your question, under the present situation you have discribed she can not go after the father via Philippines Courts to USA courts. But there is still other methods the mother can use to obtain additional support.

The rules change if the father is in the Philippines and the mother knows about it. In the Philippines if there is a civil problem between an American and a Filipino, most likely the Filipino citizen will prevail in any civil judgement. It is in the best interest of the father to keep mother happy because if the Filipino citizen mother wanted to, she could make life difficult with the US citizen father when the father is in the Philippines.

Several years back I met an American who lost his child during a break up. Mother was so intent on getting back out her ex husband, she managed to convince Philippines Bureau of Immigration to blacklist father from entering the Philippines.

Your best friend has no legal obligation to support his baby and the baby’s mom. However, I’m very glad that he does his MORAL obligation on his own volition. $200 per month is a very generous amount. And the fact that his wife knows about it should make that man be able to sleep soundly at night.

“Problems” may arise if the baby’s mom would start asking for more or start demanding this and that. Again, the law is on the man’s side.

However, IF the mom’s baby can prove that there was cohabitation between her and the man, that’s a different story. Even without marriage papers, cohabitation (living together) is recognized by Philippine government as “common law marriage” in which case, the man MAY have some legal battles in his future.

Let’s just hope it doesn’t come to that.

The father has the legal obligation to support his child (legitimate or illegitimate) and should he refuse to do that the Filipina may assert her child’s right in court.

Read case on US citizen’s obligations to his child in this news write-up.

You or your friend can submit legal questions to.

Legal Support for the Child and R.A. 9262
Articles 195 and 196 of the Family Code enumerate the persons who are under obligation to support each other, thus: (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; (5) Legitimate brothers and sisters, whether of full or half-blood; and (6) Brothers and sisters not legitimately related, whether of the full or half-blood, 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.

On the other hand, the amount of support should be in proportion to the resources or means of the giver and the necessities of the recipient, pursuant to Articles 194, 201 and 202 of the Family Code:

Art. 194. 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. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.