Order of Support: Who Must Pay First
Who must give support first under Family Code Art. 199: the spouse, then descendants, then ascendants, then brothers and sisters. How the cost is split.
| Order | Who (words of the law) | How it works | Source |
|---|---|---|---|
| 1 | "The spouse" | First in line. Husband and wife are obliged to support each other (Article 195(1)). | Family Code of the Philippines, Articles 199 and 195, Supreme Court E-Library |
| 2 | "The descendants in the nearest degree" | The children of the person who needs support come before the grandchildren, because a nearer degree comes first (Article 199(2)). | Family Code of the Philippines, Articles 199 and 195, Supreme Court E-Library |
| 3 | "The ascendants in the nearest degree" | Parents come before grandparents (Article 199(3)). For a child, the parents are the first to give support; a grandparent comes in only when the parents cannot. | Family Code of the Philippines, Articles 199 and 195, Supreme Court E-Library |
| 4 | "The brothers and sisters" | Last in line (Article 199(4)). Legitimate brothers and sisters, of full or half blood, must support each other (Article 195(5)). Brothers and sisters "not legitimately related" must too, except when the need of an adult brother or sister is caused by his or her own fault or negligence (Article 196). | Family Code of the Philippines, Articles 195, 196 and 199, Supreme Court E-Library |
| Rule | Two or more obliged at the same level | The cost is shared: "the payment of the same shall be divided between them in proportion to the resources of each" (Article 200, first paragraph). | Family Code of the Philippines, Article 200, Supreme Court E-Library |
| Rule | Urgent need | Under Article 200, "in case of urgent need and by special circumstances, the judge may order only one of them to furnish the support provisionally". The one who paid can later claim the others' shares (Article 200, second paragraph). | Family Code of the Philippines, Article 200, Supreme Court E-Library |
| Rule | Several people ask one person who cannot pay them all | The order of Article 199 is followed, "unless the concurrent obligees should be the spouse and a child subject to parental authority, in which case the child shall be preferred" (Article 200, third paragraph). | Family Code of the Philippines, Article 200, Supreme Court E-Library |
| Rule | Amount | Support is "in proportion to the resources or means of the giver and to the necessities of the recipient" (Article 201). It is reduced or increased when those needs or means go down or up (Article 202). The law sets no fixed amount or percentage. | Family Code of the Philippines, Articles 201 and 202, Supreme Court E-Library |
| Rule | How support is given | The person obliged may either pay the allowance fixed, or receive and maintain the person entitled "in the family dwelling". The second option "cannot be availed of in case there is a moral or legal obstacle thereto" (Article 204). | Family Code of the Philippines, Article 204, Supreme Court E-Library |
| Case | A grandparent when the parents cannot pay | In Mangonon v. Court of Appeals (2006), the parents of twin daughters could not pay for their college education. The Supreme Court held the paternal grandfather, "as the next immediate relative", liable for support "in default of their parents" under Article 199, and said he could not choose to take them into his home because of the hostility shown in the case. | Mangonon v. Court of Appeals, G.R. No. 125041, June 30, 2006, Supreme Court E-Library |
Notes
- Read the order from the side of the person who needs support. For a married adult, the spouse comes first, then that person's own children, then the parents, then brothers and sisters. For a minor child with no spouse and no children, the parents come first, then the grandparents, then brothers and sisters.
- Who is entitled to support at all is listed in Article 195: the spouses; legitimate ascendants and descendants; "Parents and their legitimate children and the legitimate and illegitimate children of the latter"; "Parents and their illegitimate children and the legitimate and illegitimate children of the latter"; and legitimate brothers and sisters. This table does not go beyond those words.
- What support covers is set by Article 194: "everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family." See How much is child support?
- Made-up example: Jun, 9, lives with his mother. His father earns more than his mother. Both parents must support him, in proportion to their resources (Article 200). If both parents cannot, Jun's grandparents are next (Article 199(3)).
- Made-up example: Nena's son works abroad and earns well, while her daughter is a student. If Nena needs support, her children come before her own brothers and sisters, and the son pays more because he has more (Articles 199 and 200).
- Related: Article 199, Must grandparents support their grandchildren?, Must children support their parents?, Can child support be increased or reduced?. If you need to file a case for support, see Free legal help.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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