Article 203 of the Family Code: When support becomes demandable
Status: In force
What does Article 203 say?
The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for maintenance, but it shall not be paid except from the date of judicial or extra-judicial demand.
Support pendente lite may be claimed in accordance with the Rules of Court.
Payment shall be made within the first five days of each corresponding month or when the recipient dies, his heirs shall not be obliged to return what he has received in advance.
What does it mean in plain language?
Under Article 203 of the Family Code, the right to support exists from the moment a person needs it. But support is paid only from the date of a judicial or extrajudicial demand. Once due, it is paid within the first five days of each month. Support while a case is pending can be asked for under the Rules of Court.
In everyday words: the duty begins with the need, but the money starts counting only from the day someone asks for it, in court or outside of court. Past months before any demand are, as a rule, not recovered.
How does it work in real life?
Carla: a letter in March, a case in August
Carla wrote to Jun in March asking for support for their daughter, and kept proof that he received the letter. She filed a case in August. Under Article 203, support is counted from the extrajudicial demand in March, not only from August.
Tina: no demand for three years
Tina raised her son alone for three years without asking the father for anything. She then files a case. Under Article 203, support is paid from the date of her demand. The three years before it are generally not covered, even though the need existed.
The payment date
A court orders Ramon to pay monthly support. Under Article 203, each month's payment is due within the first five days of that month.
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 date of the first demand matters, so the demand and proof of receipt are worth keeping.
- The amount is set by Article 201: in proportion to the giver's means and the recipient's needs. What it covers is in Article 194.
- Who owes support to whom is in Article 195.
- The right to support, and what is received as support, cannot be levied upon on attachment or execution (Article 205).
- For filing a support case and where to get legal help, see how much is child support? and find legal help.
What does Article 203 say?
The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for maintenance, but it shall not be paid except from the date of judicial or extra-judicial demand.
Support pendente lite may be claimed in accordance with the Rules of Court.
Payment shall be made within the first five days of each corresponding month or when the recipient dies, his heirs shall not be obliged to return what he has received in advance.
What is a judicial or extrajudicial demand?
- Judicial demand: a demand made in court, such as filing a case for support.
- Extrajudicial demand: a demand made outside court, such as a letter asking the person obliged to give support.
The article gives the same effect to both: payment is counted from the date of the demand. A written demand, with proof that it was received, is easier to prove later than a spoken request.
What is support pendente lite?
"Pendente lite" means "while the case is pending". A court can order provisional support before it decides the case. In Lim-Lua v. Lua (2013), the Supreme Court explained that support pendente lite is provisional, so the court does not need to go fully into the merits before ruling on it. In that case the Court of Appeals had ordered monthly support pendente lite payable within the first five days of each month, and counted unpaid support from September 2003, the month the wife filed her case for declaration of nullity of marriage.
Frequently asked questions
From when is child support paid?
Article 203 says support is demandable from the time the person entitled needs it, but it is not paid except from the date of judicial or extrajudicial demand. A demand is the starting point for payment.
What is an extrajudicial demand?
A demand made outside of court, for example a written letter asking the person obliged to give support. A judicial demand is one made in court, such as filing a case for support.
Can I claim support for the years before I asked for it?
Under Article 203, support is not paid for the time before the judicial or extrajudicial demand, even if the need already existed. This is why the date of the first demand matters.
When must support be paid each month?
Article 203 says payment shall be made within the first five days of each corresponding month.
What happens to advance payments if the recipient dies?
Article 203 says the heirs of the recipient are not obliged to return what he or she received in advance.
Can support be asked for while the case is still going on?
Yes. Article 203 says support pendente lite (while the case is pending) may be claimed in accordance with the Rules of Court.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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