Article 201 of the Family Code: How the amount of support is set
Status: In force
What does Article 201 say?
The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.
What does it mean in plain language?
Article 201 of the Family Code says the amount of support is set in proportion to two things: the resources or means of the person giving it, and the needs of the person receiving it. The law sets no fixed amount, minimum or percentage of salary. Under Article 202, the amount goes up or down when those needs or means change.
This applies to all the relationships in Article 195, and to the siblings in Article 196. What support covers is in Article 194.
How does it work in real life?
Grace and Leo: support split by income
Leo earns about three times as much as Grace. Their daughter lives with Grace. A court may order both parents to contribute in proportion to their means. Leo, who earns more, would usually carry the larger share. The exact amount depends on the evidence of the child's needs.
Arnold: a lower income after losing his job
Arnold has paid support for his son for three years. Then he loses his job and finds work that pays much less. Under Article 202, he may ask that the support be reduced to match his reduced means.
Liza: a child with new medical needs
Liza's son is diagnosed with a condition that needs regular therapy. Under Article 202, Liza may ask for an increase, because the child's necessities have increased.
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?
- Support is paid only from the date of judicial or extrajudicial demand (Article 203).
- Proof matters on both sides: documents on income and property, and receipts or records of the child's needs.
- When two or more persons must give support, the payment is divided in proportion to the resources of each (Article 200).
- A court can change the amount when needs or means change (Article 202).
- For filing a support case and what the Supreme Court's support rules allow, see how much is child support?
What does Article 201 say?
The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.
And the next article says the amount is not fixed forever:
Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.
Is there a formula for child support?
No. Many people look for a fixed percentage of salary, but none is written in the Family Code. The court weighs two sides:
- The giver's means: income, property and other resources.
- The recipient's needs: the items in Article 194, such as food, housing, school, medicine and transportation.
The Supreme Court's Rules on Action for Support (A.M. No. 21-03-02-SC, Section 12) repeat the Article 201 test for child support. They add that the court may also consider the financial resources of the custodial and non-custodial parent and of the child, the child's physical and emotional health and special needs, the standard of living the child has been accustomed to, and the non-monetary contributions of the parents. The court may also direct the deduction of support from a parent's salary.
How have courts applied Article 201?
- In Grande v. Antonio (2014), the support award kept in the Supreme Court's decision directed both parents to share the support of their two children, P30,000.00 per month, at 70% for the father and 30% for the mother. It is an example of support shared by both parents. It is the amount set in that case only, not a benchmark.
- In Lim-Lua v. Lua (2013), the Court of Appeals had fixed monthly support pendente lite (while the case is pending) at P115,000.00, and neither party appealed that amount. The Supreme Court repeated an older rule: a judgment for support does not become final, because it can be changed when needs or means change. It also credited against the unpaid support only expenses tied to the support awarded, such as medical and dental costs and credit-card purchases of groceries and dry goods. The value of two cars and their upkeep, travel expenses, and credit-card purchases of other items such as clothing were not credited, because they bore no relation to the support awarded.
Which Supreme Court rulings are relevant?
- Grande v. Antonio (G.R. No. 206248)Grande v. Antonio explained: an illegitimate child may use the father's surname but cannot be forced to, and the mother keeps custody unless she is unfit.
- Lim-Lua v. Lua (G.R. Nos. 175279-80)Lim-Lua v. Lua explained: only expenses tied to the support a court ordered can be deducted from unpaid support, not gifts like cars for the children.
Frequently asked questions
Is there a fixed percentage of salary for child support in the Philippines?
No. Article 201 says the amount is in proportion to the resources or means of the giver and the necessities of the recipient. The Family Code sets no fixed amount, minimum or percentage.
Can the amount of support be changed later?
Yes. Article 202 says support is reduced or increased proportionately when the recipient's needs or the giver's means go down or up. In Lim-Lua v. Lua (2013), the Supreme Court repeated that a judgment for support can be modified for this reason.
Do both parents pay support?
They can. When two or more persons must give support, Article 200 divides the payment in proportion to the resources of each. In Grande v. Antonio, the support award kept by the Supreme Court split a monthly amount 70% for the father and 30% for the mother.
What does the court look at to fix child support?
The giver's resources and the child's needs (Article 201). The Supreme Court's rules on support cases also let the court consider the financial resources of both parents and of the child, the child's health and special needs, the standard of living the child is used to, and each parent's non-monetary contributions.
Can support be deducted from a parent's salary?
The Supreme Court's Rules on Action for Support (A.M. No. 21-03-02-SC) say the court may direct the deduction of the amount of support from the salary of the parent.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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