Spousal and Child Support

My cousin and his ex wife have been separated since 2009. And both parties agreed to it consentiously. They now both have different partners though not cohabiting. Now, my cousin have been sending support for his daughter's education, transportation and other miscellaneous on a monthly basis. He is currently working broad while his ex wife is working in a call center with her new boyfriend. Despite of the support he have been sending monthly, his ex wife is still demanding for increment. Which he cannot provide since his salary is not sufficient to cover everything. His ex wife threatens him that she will file a case against him if he will not give in to her demands. What are your thoughts about this? Is there really a case that can be filed against him if he is giving whats proportion to what he is earning?

Some principles from the Family Code of the Philippines Articles 194, 195, 200
On certain parameters in demanding support: "The amount of support to be given shall be in proportion to the resources or means of the giver and to the necessities of the recipient"
On the obligation of the other party other than the father: "When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them in proportion to the resources of each”

And the spouse is not allowed to gain or get compensated from the support at the expense of the father.

Assess if applicable if this case is filed in court. When the court gives it decision, both parties must conform if not, the guilty party can be liable.

Thank you for your reply. Just to clear it out because I am a bit lost. Did you mean that the support should not just come from the father, but from the mother as well? So if the father have been supporting his daughter's needs on a monthly basis, there is no sense in filing a case against the father? What about his ex wife's demand of increment? Thank you for extending legal advice.

The father is already providing support. If you file a case, you are submitting your situation to the court to decide how much support should be provided for the child's needs based on the father's capability to provide. It may surface that the mother also has the capability to support as she has a source of income. The court will then set the sharing.

This of course is purely speculative. Ask around for similar cases to benchmark. We do not know how the court will decide. From my perspective, it is a gamble.

Thank you centro for sharing your thoughts. It helped a lot. Im not the spouse though.

Dear atty.
Ako si cathy may isa po akong anak siya po ay 2 years old na.ang tatay niya po ay foreigner canadian po.ngsusustento po siya 4000 pesos evert 2 weeks of the month.pero po hnd pa rin po sapat yun sa lahat ng kailangan ng bata,ilan beses na rin po akong nag makaawa para sa tatay ng bata na kahit makita lang siya ng bata at mayakap lang ng anak niya.at malaman lang po ng bata ng may tatay siya.may karapatan po ba ang anak ko sa tatay niya kahit hndi kami kasal?pwede din po b namin siya huminge ng child support sa tatay niya?maraming salamat po.please po sana po makapag reply kayo sa message ko.god bless po