Child support allowance

Dear Atty. Angela,

I am a single mother of two minor children. My ex-husband abandoned us and lived with his former girlfriend.

Since my earnings from selling online items are not enough to send my children to school, I have been asking my ex-husband to give me an additional amount.

He makes his low salary as an excuse and tells me he could not sufficiently provide. However, I recently learned that he is receiving increased allowances from work and even earning from a buy-and-sell car business.

Can I demand that he give us the additional support needed for our children’s education?

Dear Nikka,

Under Republic Act 9262 or the “Anti-Violence Against Women and Their Children Act of 2004,” deprivation of support is a punishable act. It covers not only physical and sexual violence but also psychological violence and economic abuse.

In the case of Cumigad y De Castro v. AAA, G.R. 219715 (2021), the Supreme Court explained that the term “allowances” is sometimes used synonymously with “emoluments,” as indirect or contingent remuneration.

Allowances and benefits are granted to the employee apart or separate from and in addition to the wage or salary. Income covers not just salary, but also other sources such as emoluments and honoraria, bonuses, allowances, pensions, retirement pay, and the like.

And because Republic Act 9262 provides that the support can be obtained from income or salary, we affirm the amount of financial support indicated in the protection order, which includes the petitioner’s allowances.

A very helpful development in this decision is the Supreme Court’s pronouncement that the employer of the petitioner (husband/father), despite not being impleaded in the case, is bound to comply with the order requiring the deduction of one-third from petitioner’s earnings or income as child support. This is in line with the mandate of Republic Act 9262, as reinforced in Republic v. Yahon and Mabugay-Otamias v. Republic.

It is important to note that the deprivation or denial of sufficient financial support to the woman and her child is an act of violence penalized under Republic Act 9262 and is deemed a continuing offense.