Addressing Harassment for Extra Child Support Beyond Agreement in the Philippines

I. Overview

In the Philippines, child support (“support” in legal language) is not just a moral duty; it is a legal obligation grounded in the Constitution, the Civil Code, and the Family Code. At the same time, no parent is legally required to tolerate harassment or abusive behavior connected with demands for money—even if the topic is child support.

This article explains:

  • How child support works under Philippine law
  • The role and limits of support agreements
  • When demands for “extra” support are lawful
  • When behavior amounts to harassment or even a crime
  • What remedies and options are available to the parent being harassed
  • Practical steps to protect both your rights and your child’s welfare

All explanations assume Philippine law and practice.


II. Legal Basis of Child Support

1. Who is obliged to give support?

Under the Family Code (Arts. 194–208), support is owed:

  • Between spouses
  • Between parents and children (legitimate, illegitimate, adopted)
  • Between ascendants and descendants
  • Between siblings, under certain conditions

In child support disputes, the usual relationship is parent → child, regardless of the parents’ relationship status (married, separated, annulled, live-in, ex-partners, etc.).

2. What does “support” legally include?

Support includes everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, considering the family’s social standing. (Art. 194, Family Code.)

This means:

  • Food and basic needs
  • Rent / share in housing expenses
  • Clothing and hygiene
  • Medical, hospital, medicines
  • Education (tuition, school supplies, projects, internet for school work, transportation to school)

Support can be given:

  • In cash (fixed monthly amount)
  • In kind (e.g., paying tuition directly, buying groceries, paying for uniform, etc.), if the court or the parties so agree

3. How is the amount of support determined?

By law, the amount of support depends on:

  1. The needs of the child, and
  2. The resources of the parent obliged to give support.

Support is not automatically a fixed percentage of salary; it is a case-by-case, fact-based determination. Courts look at:

  • Child’s age and particular needs
  • Standard of living before separation
  • Parent’s income, assets, existing obligations (e.g., other children)

Support may be increased or reduced over time if circumstances change (e.g., parent loses job, or child’s medical/education needs increase).


III. Support Agreements: Their Role and Limits

Parents often sign a support agreement (sometimes called a “settlement,” “stipulation,” or “parenting plan”). This can be:

  • A private agreement (written, maybe notarized, but not court-approved)
  • A court-approved compromise agreement or decision in a support or custody case

These are different in legal effect.

1. Private (Out-of-Court) Agreements

A private, notarized agreement is a contract between the parents. It is generally binding between them, but:

  • It cannot waive the child’s right to adequate future support. Parents cannot validly agree, “No more support ever,” or “This is the maximum forever, even if the child’s needs change.”
  • Future support cannot be totally waived; only support already due (arrears) may be compromised.

So even if a parent agreed to a certain amount, the child (through the custodial parent or a guardian) can still ask for an increase if:

  • The child’s needs have increased, or
  • The paying parent’s capacity to give support has increased.

On the other hand, if the paying parent’s finances seriously worsen, they can ask for a reduction.

2. Court-Approved Agreements or Orders

If a support agreement was:

  • Incorporated into a court judgment (e.g., in a support, custody, or annulment case), or
  • Approved as a judicial compromise

then it has the force of a court order.

Key effects:

  • The amount becomes judicially enforceable (via execution, garnishment, etc.).
  • Any change should be asked from the court, not settled by “pressure” or harassment.
  • The obliged parent should still comply until a court modifies the amount.

IV. Demands for “Extra” Support Beyond the Agreement

1. When demands may be legitimate

Even where there is an agreement, a request for “more” support may be legally justifiable, for example:

  • Child starts school or transfers to a more expensive school
  • New medical condition or disability arises
  • Inflation drastically increases living costs
  • The paying parent later earns much more (promotion, new business)

In these cases, the proper move is:

  • Negotiation in good faith, or

  • Formal legal steps, like:

    • Filing a petition for increase of support in court
    • Requesting mediation or conciliation
    • Seeking help from DSWD or similar agencies

A parent asking or even firmly demanding more support, in itself, is not harassment, especially if done respectfully and with justification.

2. When demands cross into harassment

It becomes problematic when the method of pushing for extra support involves:

  • Repeated, hostile calls and messages at all hours
  • Insults, name-calling, threats
  • Posting defamatory statements on social media
  • Contacting the other parent’s employer to damage their reputation or job
  • Threatening false police reports or fabricated charges
  • Stalking and surveillance

Here, the legal issue is no longer just support—it’s now about abuse of rights, possible civil liability, and even crime.


V. Harassment and Possible Legal Violations

Harassment in this context is not a single defined crime but can fall under several legal categories depending on the conduct.

1. Abuse of Rights and Human Relations (Civil Code)

The Civil Code imposes a general duty to act with justice, give everyone their due, and observe honesty and good faith (Art. 19).

It also provides that:

  • Any person who wilfully causes loss or injury in a manner contrary to morals, good customs, or public policy may be liable for damages (Art. 21).
  • Any person who violates good customs or good faith in the exercise of a right may incur civil liability (Art. 19–21).

Example applications:

  • Constantly shaming the other parent on social media, saying “he never supports his child” even though he is paying under the agreement
  • Fabricating accusations to the employer (“he steals company money”) to force a higher support payment

In such cases, the harassed parent may file a civil case for damages based on abuse of rights.

2. Unjust Vexation and Related Offenses (Revised Penal Code)

Depending on the severity:

  • Unjust vexation – Annoying or irritating acts without just cause (often charged for persistent, harassing behavior that doesn’t fit another specific crime).

  • Grave coercion – Using violence, threats, or intimidation to compel someone to do something they are not legally obligated to do, or to prevent them from doing something lawful (Art. 286).

    • Example: “If you don’t pay me double the agreed support by tomorrow, I’ll have your car destroyed,” said in a serious, credible context.
  • Grave threats / light threats – Threatening to inflict harm, injury, or wrong upon a person or property.

If the demands for extra support come with threats or intimidation, these criminal provisions may apply.

3. Defamation: Slander, Libel, and Cyber Libel

If the demanding parent:

  • Publicly labels the other as a “deadbeat,” “swindler,” or similar,
  • Publishes false statements online or in group chats,
  • Tags the employer or family members to cause embarrassment,

this can be:

  • Oral defamation (slander) – spoken abusive statements
  • Libel – defamatory statements in writing, print, or other similar means
  • Cyber libel – defamatory statements made through computer systems, social media, or electronic platforms (under special cybercrime legislation)

Even if there are issues in support, they do not justify defamation.

4. Cyber Harassment and Online Abuse

Online acts like:

  • Repeatedly posting humiliating content, threats, or insults
  • Harassing via multiple accounts
  • Sharing private information, pictures, or doctored images

may fall under:

  • Libel / cyber libel
  • Other cybercrime-related offenses
  • Gender-based online sexual harassment under the Safe Spaces Act (depending on content and circumstances)

Again, the core idea: asserting a right to support is lawful; harassing conduct is not.


VI. Interplay with RA 9262 (Anti-Violence Against Women and Their Children)

RA 9262 provides protection for women and their children against violence—including economic abuse, such as deliberate failure to provide financial support.

Key points:

  • A mother or woman partner can use RA 9262 against the child’s father if he wilfully refuses to provide support when able.
  • This law protects women and their children—not men—from violence from certain categories of offenders (husbands, ex-spouses, partners, fathers of their children, etc.).

In the context of being harassed for extra support:

  • The father (as the one being pressured) is generally not protected by RA 9262 in that scenario.

  • His protection lies instead in:

    • The Revised Penal Code,
    • Civil Code provisions on abuse of rights,
    • Other special laws (e.g., cybercrime, Safe Spaces Act where applicable).

However, if the father deliberately withholds support, the mother may validly file a RA 9262 case accusing him of economic abuse. A prior agreement does not automatically shield him if the support is genuinely insufficient relative to his means and the child’s needs.


VII. Remedies for the Parent Being Harassed

If you are the parent who already has a support agreement and you feel you’re being harassed for more, you have several options.

1. Document Everything

  • Save text messages, chats, emails, call logs
  • Take screenshots of social media posts, comments, and tags
  • Keep copies of any demand letters
  • Retain proof of all support payments (bank transfers, deposit slips, receipts, tuition proof, receipts for groceries or medicines)

This documentation is vital for:

  • Defending yourself if a case is filed against you
  • Supporting your own complaints (criminal or civil)
  • Showing the court that you have been supporting your child

2. Maintain Compliance With the Agreement or Court Order

Even if the other parent is being unreasonable or abusive:

  • Continue paying the agreed support (or the court-ordered amount), as long as you are reasonably able.
  • If circumstances change (job loss, new dependents, medical issues), file for judicial adjustment, rather than unilaterally stopping payment.

Stopping support outright can:

  • Harm your child
  • Strengthen the other side’s case (especially under RA 9262)

3. Attempt Amicable Resolution

If safe and practical:

  • Propose written, calm communication about any adjustment to support.

  • Consider mediation:

    • Barangay conciliation (if both reside in the same city/municipality and the matter is not exempt from barangay jurisdiction)
    • DSWD or other accredited mediators
  • Put any new understanding into writing (ideally notarized), but be careful not to agree to impossible or abusive terms.

4. Seek Legal Advice

Consult a lawyer (or PAO if you qualify as indigent) about:

  • Whether the conduct you are experiencing can be a crime (e.g., unjust vexation, grave coercion, threats, libel/cyber libel)
  • Whether you can file a civil case for damages based on abuse of rights
  • How best to respond to any threatened cases (e.g., RA 9262, support petition)

Legal counsel can also:

  • Draft a formal reply or demand letter asserting that while you are willing to support, harassment, threats, or public shaming must cease.
  • Advise whether to file a counter-complaint for harassment, threats, or defamation.

5. File a Police Blotter or Criminal Complaint (If Necessary)

If the harassment is serious (threats of violence, stalking, libelous posts, etc.):

  • You may record the incident via a police blotter.
  • You may later file a formal criminal complaint at the prosecutor’s office.

This is especially important if:

  • You fear for your safety, your property, or your job
  • You are being publicly maligned without basis

6. Ask the Court to Intervene (If There’s an Existing Case or Order)

If there is already:

  • A pending support or custody case, or
  • A court order on support,

you can ask the court to:

  • Clarify or adjust the support amount
  • Note the harassing behavior as part of the proceedings (through motions or manifestations)

While Philippine law does not yet have a broad, gender-neutral “family harassment order” akin to some foreign jurisdictions, the court’s oversight of an ongoing case can still have a moderating effect on both parties.


VIII. Balancing Two Key Principles

When dealing with harassment for extra child support beyond an agreement, the law balances two major principles:

  1. The child’s right to adequate support.

    • This is continuing, cannot be waived for the future, and may require adjustments as needs and incomes change.
  2. The parent’s right not to be abused or coerced.

    • The other parent is not allowed to use threats, intimidation, defamation, or other abusive conduct to force “extra” support beyond what is reasonable and lawful.

A parent can:

  • Legitimately demand increased support through proper legal channels and respectful negotiation.

But a parent cannot:

  • Lawfully harass, threaten, blackmail, or publicly humiliate the other parent to extract money.

IX. Practical Tips for the Paying Parent

  • Pay regularly and on time. Use bank transfers or traceable methods.
  • Keep all proof of payments and organize them by month.
  • Channel large payments directly to the child’s needs where possible (tuition, medical bills, etc.), with proper documentation.
  • Avoid emotional or angry replies in messages; assume that everything written can be shown in court.
  • If harassment persists, shift communication to formal channels (lawyer-to-lawyer, documented letters, or messaging with clear, calm replies).
  • Think long-term: Your goal is both to protect your rights and to ensure your child is supported and not caught in unnecessary conflict.

X. Disclaimer

This article gives a general discussion of Philippine law on child support and harassment. It is not a substitute for personalized legal advice. For specific cases, especially where there are existing court orders, criminal complaints, or serious threats, direct consultation with a Philippine lawyer is essential.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.