child support from a foreign father

I have a foreigner friend working as a seafarer and has a daughter with his exgf in the PH. He does recognized and signed the birth certificate and definitely never fail to send his support though there were times, but not often, that he sent it late due to some circumstances in the workplace. Since he is a foreigner, his ex is controlling him to send her $150.00 or higher every other week otherwise she'll threaten him that she'll report him to immigration and have him block listed or make just any allegation she can, since she know's PH law is always on the side of women. At times, she'll ask for more saying, the child sick or etc. Sad to say, we have a mindset that women are weak and should always be protected but on this scenario, it's different and nothing new. A child of not even 2yo and is getting P16K to P17K in a month and not even in school yet. Now, she said she's earning good as Mary Kay Director but I doubt it coz she's caught embezzling just to reach that position and was removed. My friend paid everything just for her not to be imprisoned. In this way, she would want every single expenses be shouldered by the father since he's a foreigner and her child deserves a well off life. Is there even a law or way to protect the father side for being taken advantage by this type of people? I hope to hear that men, especially foreigners whose always taken advantage can do something to protect themselves.  Thank you

Hi,

The amount of child support depends on the needs of the child (living, educational and medical expenses) and the capacity of the father to provide support.

Hence, even if the child is only 2 years old, if the father is earning, for example 200,000 a month, then amount of support should be in accordance with the capacity of the father to pay also.

Furthermore, living expenses include shelter, clothing, milk, food, toys, diapers, etc.
Medical expenses include vitamins, doctor fees, vaccination, etc.
Educational expenses include uniform, tuition fees, books, transportation to and from school, educational tours, etc.

If there is also a babysitter needed, then that is also included.

The father should keep all the receipts for sending money, so that if the mother files a complaint against him, he has proof that he has been giving financial support to the child.

Regards,

Atty. Katrina

Thank you for your feedback Atty. Katrina. Really appreciate it. However, if I can ask something on top. Would it matter if both mother and father have jobs and capacity to support?  Base on what I've read in "news.abs-cbn.com/anc/09/08/08/need-child-support-know-your-law" paragraph 5 and 6, "Moms play a big role, too, because child support is not a father's sole responsibility. Concepcion says that if both parents are working, they share the costs of raising the child."

The law does not force the father to shoulder everything alone. In some cases, dads can even use the mother's state of unemployment to negotiate the amount of child support to be given. "Oo, kasi kung iyong nanay ay malakas naman, malaki ang katawan pero tamad lang, ayaw magtrabaho. The court will definitely take that into consideration in fixing the amount of support the child will be entitled to receive", adds Concepcion., is this true?

Sorry if I ask too much. They say ignorance is no excuse so I'm pleased knowing this with your assistance. My friend is even afraid to visit his child because he's afraid the girl will set him up and he has no one who'll back him up in that place.

Anyway, thank you so much again and hope to hear from you.

Hi,

Yes, Concepcion is my former professor in UP Law, actually.

And yes, the parents  have equal obligations to provide support to their child. If both of them are working, the mother should shoulder a portion of the child's expenses that is proportionate to her income.

If your friend is afraid to visit, he can take a friend with him or even seek the assistance of the local barangay officials to accompany him in visiting his child, so that in case something happens, there is a witness as to what actually had happened.

Best regards,
Atty. Katrina