Paternal support to child over 18 years for education
"I had a girlfriend then who was already a married woman even before we decided to live together. She has no child with her husband. We have four daughters, aged 22, 18, 12, and 10. I recognized and acknowledged our four children in a legal written statement notarized by a legal counsel, stating that they are my four children.We have our house and lot and a farm. All of these properties are in my sole name. I piously supported them since the mother has no stable job. In fact, I still visit them in our house from time to time and spend two weeks at a time with my children.
I will be getting married this year to another woman whom I truly love. To date, the mother of my four children and I have already parted ways. My questions are:1. Until when do I have to give support, by law, to my four children? Is this the only responsibility that I have to perform as their father?
2. Will my legitimate child/ children in the future with this woman I am going to marry be able to get a share from my previous properties I have stated above? Hermo
Dear Hermo,Under the Family Code of the Philippines, support is defined as follows:
“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.”Basically, parents are obliged to give support to their children until they reach the age of majority or 18 years old. However, support may still be demanded even beyond the age of majority, if the same is for the purpose of their children’s education up to the time that they finish the same.This is your primordial responsibility as a father to your illegitimate children. Likewise, it cannot be denied that as a father to them, you are expected to provide them with your love, care, guidance, moral support, among others.
Insofar as the right of your children to inherit from you is concerned, the law is clear in stating that they are your compulsory heirs. Therefore, even without a last will and testament, by operation of law they have the right to inherit all of your properties, including the properties mentioned in your letter. This is pursuant to Article 887 of the New Civil Code of the Philippines, to wit:“Art. 887. The following are compulsory heirs:(1) Legitimate children and descendants, with respect to their legitimate parents and ascendantsxxx(4) Acknowledged natural children, and natural children by legal fiction(5) Other illegitimate children referred to in Article 287.xxx”However, the amount of inheritance of your children shall not be equal if in the future you will have a child with your legal wife. According to the law, the share of an illegitimate child shall be one half (1/2) of the share of a legitimate child. Article 176 of the Family Code of the Philippines provides:“Article 176. xxx The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.”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 guide you with our opinion on the matter."
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"Paternal support to child over 18 years for education"
was written by Mary
under the Legal Advice
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comments. The article was created on 15 September 2021
and updated on 15 September 2021