Article 195 of the Family Code: Who must support each other
Status: In force
What does Article 195 say?
Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;
(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and
(5) Legitimate brothers and sisters, whether of full or half-blood
What does it mean in plain language?
Article 195 of the Family Code lists five groups of people who must support each other. They are spouses, legitimate ascendants and descendants, parents and their legitimate children, parents and their illegitimate children, and legitimate brothers and sisters. The duty goes both ways, and it covers everything listed in Article 194.
"Support each other" means each person in the pair can be the giver or the receiver, depending on who is in need and who has the means. A father supports a young child; years later, the same child may have to support the father.
How does it work in real life?
Jun and his son born outside marriage
Jun and Maricel never married. Jun recognized their son in the birth record. Under Article 195(4), Jun and his son are obliged to support each other, so Jun must support the boy according to Article 194.
Lola Nena and her grandchildren
Lola Nena is a widow with no income. Her son, a legitimate child, has a stable job. Under Article 195, the son is obliged to support her. Under Article 199, if she has several descendants, those in the nearest degree (her children) come before the grandchildren.
Two brothers
Edwin is an adult who lost his job because of a long illness. His legitimate brother, Ricky, has the means. Under Article 195(5), legitimate brothers and sisters must support each other.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- What support covers: Article 194. How the amount is set: Article 201. When it must be paid: Article 203.
- For a child born outside marriage, filiation has to be shown, for example through the birth record. See the site's guide to the PSA birth certificate online.
- During a case for legal separation, annulment or nullity, the spouses and their children are supported from the absolute community or conjugal partnership. After the final judgment, mutual support between the spouses ends, except that in legal separation the court may order the guilty spouse to support the innocent one (Article 198).
- For a child's support in practice, see how much is child support? and who has custody of an illegitimate child?
What does Article 195 say?
Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article: (1) The spouses; (2) Legitimate ascendants and descendants; (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and (5) Legitimate brothers and sisters, whether of full or half-blood
Who are the five groups in plain words?
- Husband and wife.
- Legitimate ascendants and descendants: for example, grandparents and grandchildren in a legitimate line.
- Parents and their legitimate children, and the children of those children, whether legitimate or illegitimate.
- Parents and their illegitimate children, and the children of those children, whether legitimate or illegitimate.
- Legitimate brothers and sisters, whether they share both parents (full blood) or only one (half-blood).
Group 4 is why a father owes support to a child born outside marriage. Article 176 says the same thing from the child's side: illegitimate children are entitled to support.
What do the next articles add?
Article 195 starts with "Subject to the provisions of the succeeding articles". The main ones are:
- Article 196: brothers and sisters not legitimately related, of full or half-blood, must also support each other, except when an adult sibling's need is due to his or her own fault or negligence.
- Article 197: for ascendants, descendants and siblings, only the separate property of the person obliged answers. If that person has no separate property, the absolute community or conjugal partnership, if able, advances the support, and it is deducted from that spouse's share when the property is liquidated.
- Article 199: when two or more persons are obliged, the order is the spouse, the descendants in the nearest degree, the ascendants in the nearest degree, and then the brothers and sisters.
- Article 200: when two or more persons share the duty, the payment is divided in proportion to the resources of each. If one person must support several people and cannot pay all, the order of Article 199 is followed, but a child under parental authority is preferred over the spouse.
See also the table order of support: who must pay first.
Frequently asked questions
Does a father have to support his illegitimate child?
Yes. Article 195(4) names parents and their illegitimate children among those obliged to support each other. Article 176 also says illegitimate children are entitled to support. The child's filiation must be established.
Do children have to support their parents?
Yes. The duty in Article 195 runs both ways: the persons listed are obliged to support each other. A parent in need can claim support from a child who has the means.
Can grandparents be asked to give support?
Yes. Article 195(2) includes legitimate ascendants and descendants, such as grandparents and grandchildren. When several persons are obliged, Article 199 sets the order: spouse, then descendants, then ascendants in the nearest degree, then brothers and sisters.
Must brothers and sisters support each other?
Legitimate brothers and sisters, of full or half-blood, are listed in Article 195(5). Article 196 adds brothers and sisters not legitimately related, except when the need of an adult sibling is due to his or her own fault or negligence.
Do spouses still support each other after an annulment?
Article 198 says that after the final judgment granting legal separation, annulment or nullity, the obligation of mutual support between the spouses ceases. In legal separation, the court may order the guilty spouse to support the innocent one.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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