Article 202 of the Family Code: Support goes up or down
Status: In force
What does Article 202 say?
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.
What does it mean in plain language?
Article 202 of the Family Code says the amount of support is not fixed forever. It goes up or down, in proportion, when the needs of the person receiving it or the means of the person giving it change. Because of this, the Supreme Court has repeatedly said that a judgment for support does not become final in the usual sense.
How does it work in real life?
Arnold: a new job that pays less
Arnold has paid support for his son for three years under a court order. He loses his job and finds work that pays much less. Under Article 202, he may ask the court to reduce the support to match his reduced means.
Liza: a child with new medical needs
Liza's daughter 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.
Noel and Bea: an old agreement
Noel and Bea agreed on a monthly amount years ago, and a court approved their compromise. Their son now goes to college. Under Lam v. Chua, the old compromise does not stop a court from changing the amount to fit the child's present needs and the parents' present means.
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?
- The Family Code sets no fixed amount or percentage; see how much is child support?
- A change is asked from the court; the evidence of income and of the child's expenses decides the new amount.
- Support is paid only from the date of judicial or extra-judicial demand (Article 203).
- For an award shared by both parents, see Grande v. Antonio.
What does Article 202 say?
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.
The "preceding article" is Article 201, which sets the starting rule: support is in proportion to the giver's resources or means and the recipient's necessities.
What can make support go up or down?
Article 202 looks at two things, the same two that set the amount in the first place:
| Change | Possible effect |
|---|---|
| The recipient's needs increase (for example, a new school level or a medical condition) | Support may be increased |
| The recipient's needs decrease | Support may be reduced |
| The giver's resources or means increase | Support may be increased |
| The giver's resources or means decrease (for example, a lower-paying job) | Support may be reduced |
The change is proportionate: the amount moves in line with the change in needs or means.
Why is a support judgment never final?
In Lam v. Chua (2004), the Supreme Court agreed with the lower courts that the amount of support "is by no means permanent". It quoted an older ruling: "Judgment for support does not become final." The right to support is essentially provisional, because during the whole period that a person is entitled to support, the amount may be modified or altered according to the increased or decreased needs and the means of the giver.
The Court also held:
- A compromise is not the last word. A compromise on support approved by another court could not be considered final and res judicata (already decided), since any judgment for support is always subject to modification, depending on the needs of the child and the capabilities of the parents.
- The amount must rest on evidence. The trial court must base its award on the evidence: proof of the capacity or resources of both parents, who are jointly obliged to support their children under Article 195, and of the child's monthly expenses for sustenance, dwelling, clothing, medical attendance, education and transportation. Because the award in that case lacked such evidence, the Court set it aside and sent the case back for further reception of evidence.
In Lim-Lua v. Lua (2013), the Court quoted the same passage, as cited in Lam v. Chua.
Which Supreme Court rulings are relevant?
- 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.
- 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.
Frequently asked questions
Can child support be increased?
Yes. Article 202 of the Family Code says support shall be increased proportionately according to the increase of the necessities of the recipient and the resources or means of the person obliged to give it.
Can child support be reduced?
Yes. Under Article 202, support is reduced proportionately when the recipient's necessities or the giver's resources or means go down.
Does a court order on support become final?
Not in the usual sense. In Lam v. Chua (2004), the Supreme Court quoted the rule that a judgment for support does not become final, because support may be modified or altered according to the increased or decreased needs of the recipient and the means of the giver.
Does a compromise on support stop a new claim?
Not as a rule. In Lam v. Chua, a compromise on support approved by another court did not bar a new award, because any judgment for support is always subject to modification depending on the needs of the child and the capabilities of the parents.
What evidence does a court need to change support?
In Lam v. Chua, the Court said the award must rest on the evidence: proof of the capacity or resources of both parents, and of the child's monthly expenses for sustenance, dwelling, clothing, medical attendance, education and transportation.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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