Law mandates support to children

Law mandates support to children "I am a mother of a four-year-old child, born out of wedlock. Though his father acknowledged him, I never asked from him support for my child. I even managed to execute a waiver that I will not ask for support from him. But that was before when I still have a stable source of income. Now that I am broke, can I still demand my child’s father to give support to my child? Can he use the waiver I executed earlier to be free from his obligations to the child? Ms. PiaDear Ms. Pia, It is the obligation of a parent to give support to his/her child, legitimate or illegitimate. This is what the law mandates and thus, such parent is duty bound to give support to his/her child (Article 195, Family Code of the Philippines).Article 194 of the Family Code of the Philippines defines support as follows: “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.” If you can no longer afford to support your child because of your present financial condition, you may demand support from his father. You can do this either by sending a letter to him informing him that your son is in need of his support or by filing a case in court for the said purpose.The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for maintenance, but it shall not be paid except from the date of judicial or extrajudicial demand (Article 203, Family Code of the Philippines).Insofar as the waiver you executed is concerned, the same is null and void. It being contrary to law and curtails the right of your child to receive support from his father. Under Article 6 of the New Civil Code of the Philippines, rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law.Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated. We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net." - https://www.affordablecebu.com/