Filing Child Support and Adultery Case Against OFW Parent in Philippines

Filing Child Support and an Adultery (or Concubinage) Case Against an OFW Parent in the Philippines

This article is for general information in the Philippine context. It does not create a lawyer–client relationship and isn’t a substitute for advice from counsel. Laws and procedures change and may vary by court.


Big picture

There are two separate tracks you might pursue against a parent who is working overseas:

  1. Child support (civil/family) — to secure money for the child’s needs. This is independent of marital fault.
  2. Adultery or concubinage (criminal) — to penalize marital infidelity under the Revised Penal Code (RPC). Which crime applies depends on whether the offending spouse is the wife (adultery) or the husband (concubinage).

You may file one or both, but they are governed by different rules, evidence, venues, and remedies—especially when the parent is an OFW (overseas Filipino worker).


Legal foundations at a glance

  • Support: Family Code (arts. on support), Civil Code principles, Family Courts Act (exclusive jurisdiction of family courts over petitions for support), and procedural rules on provisional relief.

  • Criminal infidelity:

    • Adultery (RPC): committed by a married woman who engages in sexual intercourse with a man not her husband.
    • Concubinage (RPC): committed by a married man who (a) keeps a mistress in the conjugal dwelling, or (b) has sexual intercourse under scandalous circumstances, or (c) cohabits with a woman in another place.
    • These are private crimes—they can be prosecuted only upon complaint of the offended spouse and must generally include both parties to the affair if both are alive.
  • Failure to support: There is also a separate RPC offense penalizing unjustified failure to support one’s minor child, which may be considered alongside (or instead of) a civil support petition.

  • VAWC overlay: In situations involving violence or economic abuse against a woman or her child, the Anti-VAWC law allows protection orders that can include interim child support.


Part I — Child Support

Who can claim and against whom

  • A child (through the custodial parent/guardian) can claim support against either or both parents, legitimate or illegitimate, subject to proof of filiation.
  • Filiation can be shown by a PSA birth certificate (signed by the father or with acknowledgment), admissions, private writings, DNA, photos, messages, or consistent behavior showing acknowledgment.

What “support” covers

  • Support includes sustenance, dwelling, clothing, medical/health care, education (including transportation, internet, books), and training—graded to the needs of the child and the means of the parent.
  • The amount isn’t a fixed percentage; courts weigh needs vs. means and may adjust if circumstances change.

Where to file (venue & jurisdiction)

  • File a Petition for Support in the Family Court of the child’s residence (or defendant’s residence). Family Courts have exclusive original jurisdiction over support cases.
  • If there is a pending custody, nullity, or legal separation case, support is typically heard in the same court.

Procedure (simplified)

  1. Prepare: Collate proof of filiation, the child’s monthly budget, receipts/bills, school records, medical needs, and proof of the OFW parent’s income (employment contract, payslips, remittance records, deployment papers, publicly available salary bands for the role, etc.).

  2. File the Petition for Support with a verified statement of the child’s needs and your proposed support matrix.

  3. Ask for Support Pendente Lite (interim support) so the court can order temporary support early in the case.

  4. Serve Summons:

    • If the parent is abroad, apply for leave of court for extraterritorial service (e.g., personal service via authorized means, courier, or other modes the court allows). Service by publication may be permitted if justified, but courts prefer methods reasonably calculated to give actual notice.
  5. Pre-trial and Trial: The court may direct mediation/settlement. If unresolved, you present evidence of the child’s needs and the parent’s capacity.

  6. Decision & Enforcement: Court fixes the amount (and due date). The order can be modified if circumstances change.

Special notes for OFW respondents

  • Jurisdiction is not defeated just because the parent is abroad; courts can proceed once service of summons is validly made.

  • Enforcement in practice:

    • Execute against assets in the Philippines (real property, vehicles, local bank accounts).
    • Garnish local income streams (e.g., commissions, locally paid allowances, agency-held funds).
    • Coordinate with local manning/placement agencies (for seafarers or agency-hired workers) for withholding pursuant to a writ of execution when feasible.
    • Contempt proceedings may issue for willful non-compliance with a support order.
    • If the obligor has no reachable PH assets, counsel may explore foreign recognition/enforcement where the OFW works, subject to that country’s rules (often requires a separate proceeding).
  • Travel restraints: Civil support cases generally do not generate a hold-departure order; HDOs are typical in criminal cases. However, non-cooperation can have immigration or employment repercussions in some scenarios (e.g., in related criminal or VAWC cases).

Evidence tips

  • If you lack payslips, offer circumstantial proof of earnings: job title, employment contract, industry-standard wages (e.g., standard seafarer pay grades), remittance history, social media/photo evidence of lifestyle. Courts can impute income.
  • Keep a support ledger (date, amount, channel) to track any payments received.
  • Submit a needs matrix (itemized monthly budget) with receipts where possible.

Interim and emergency routes

  • Support pendente lite in the support case (fastest within the civil track).
  • Protection Orders under VAWC can direct immediate support if the facts fit economic abuse.
  • Barangay settlement (Katarungang Pambarangay) may help secure a written undertaking in some disputes, but family cases are often exempt; check with counsel.

Part II — Adultery or Concubinage (Criminal)

Which crime applies?

  • Adultery: Only if the wife had sexual intercourse with a man not her husband.
  • Concubinage: Only if the husband (a) keeps a mistress in the conjugal home, or (b) has sexual intercourse under scandalous circumstances, or (c) cohabits with her in another place. (Mere isolated affairs not fitting these modes may fail for concubinage.)

Who can file, and against whom

  • Only the offended spouse may file the sworn complaint.
  • The complaint must include both offenders (the spouse and the paramour) if both are alive and identifiable.
  • Consent or pardon by the offended spouse bars the action; it must be before filing and generally applies to both offenders.

Venue and territorial limits (critical for OFW cases)

  • File the criminal complaint with the City/Provincial Prosecutor where the crime occurred.
  • Crimes must generally be prosecuted where committed. If all acts of adultery/concubinage happened abroad, Philippine courts ordinarily lack territorial jurisdiction to try those acts under the RPC.
  • If any act occurred in the Philippines (e.g., sexual intercourse in the Philippines, keeping the paramour in the conjugal dwelling in the Philippines, cohabitation in a Philippine residence), you may file where that act took place.

Evidence and defenses

  • Direct evidence (admissions, messages, photos, hotel logs, witnesses) strengthens the case. Adultery requires proof of sexual intercourse; concubinage requires proof of the qualifying mode (conjugal dwelling, scandalous intercourse, or cohabitation).
  • Cohabitation can be shown by utility bills, lease contracts, IDs listing the same address, neighbors’ testimony, or consistent presence/personal effects.
  • Defenses may include consent/pardon, lack of jurisdiction, failure to implead both offenders, or insufficiency of proof of the essential elements.

Process overview

  1. Draft a detailed sworn complaint (include dates/places of acts, identify both offenders, attach evidence).
  2. File with the Prosecutor’s Office; preliminary investigation follows (counter-affidavits, replies).
  3. If probable cause is found, an Information is filed in the proper RTC (criminal court).
  4. Arraignment and trial: The accused must generally appear personally for arraignment. If the respondents remain abroad, the case may stall until they are brought under the court’s jurisdiction.
  5. Penalties: Adultery and concubinage carry imprisonment and ancillary penalties; civil liability for damages may also be pursued.

Interaction with child support

  • Marital fault does not erase child support. Even if a spouse is convicted or acquitted of adultery/concubinage, the child’s right to support remains, and the civil family case may proceed on its own track.
  • Evidence from the criminal case (e.g., capacity-to-pay admissions) can aid in the support case, and vice versa.

Practical Strategy When the Parent is an OFW

  1. Lead with child support to secure immediate relief for the child—seek support pendente lite.
  2. Assess territorial jurisdiction before filing adultery/concubinage. If all acts occurred overseas, a Philippine criminal case will likely fail for lack of jurisdiction.
  3. Consider the separate offense of failure to support if the facts fit (and if you want criminal leverage focused on non-support rather than marital infidelity).
  4. Plan enforcement early: identify Philippine assets, local bank accounts, vehicles, real property, or agency-held funds. For seafarers and agency-hired OFWs, coordinate with the local manning/placement agency after obtaining a writ.
  5. Document everything: the child’s needs, requests for support (texts, emails), and any remittances received.
  6. Mind immigration/employment realities: Criminal cases (adultery/concubinage or failure to support) can have travel and employment implications once warrants issue—but they are not substitutes for a workable, enforceable support order.
  7. Explore VAWC if there is economic or psychological abuse; temporary protection orders can include support and other safeguards.
  8. If foreign enforcement is needed, consult counsel in the host country on recognition/exequatur of the Philippine judgment or on filing a parallel support action there.

Evidence Checklist

  • Filiation: PSA birth certificate; acknowledgment documents; photos/messages; DNA (if necessary).
  • Needs: Monthly budget matrix; school statements; medical records; receipts; tenancy/utilities; transport/internet costs.
  • Capacity to pay: Employment contract; payslips; remittance slips; manning/agency certifications; public role-based salary bands; social media/lifestyle indicators; property records (LRA/Registry of Deeds), vehicle LTO records, bank evidence (if available via subpoena).
  • Adultery/Concubinage: Dates and places of acts; paramour identity; proof of sexual intercourse (adultery) or the qualifying mode (concubinage); hotel/lease records; neighbors/witnesses; photos, chats, and call logs; lack of consent/pardon.

Common Pitfalls

  • Filing adultery/concubinage for acts that happened entirely abroad — likely dismissed for lack of territorial jurisdiction.
  • Not impleading the paramour in a private-crime complaint.
  • Relying on criminal cases alone to force support; they can drag if the accused is overseas.
  • No interim support request — always seek pendente lite relief in the civil case or via VAWC where applicable.
  • Under-documenting income — courts can impute, but well-prepared capacity evidence speeds results.

Frequently Asked Questions

Q: Can I claim support even if the child is “illegitimate”? Yes. Illegitimate children are entitled to support; you must prove filiation (acknowledgment or other competent evidence).

Q: From when is support due? As a rule, from the time of judicial or extrajudicial demand, but arrears and amounts may be adjusted depending on equities and evidence.

Q: Can the court garnish an OFW’s salary abroad? A Philippine court can issue writs, but direct garnishment abroad usually requires foreign recognition/enforcement. Execution against Philippine assets or agency-held funds is often more practical.

Q: Do I need to file adultery/concubinage to get support? No. Support is independent of marital fault.

Q: What if the OFW parent refuses to appear? The civil case may still proceed after valid service. Non-compliance with support orders risks contempt and execution against assets. Criminal cases typically require the accused’s personal appearance for arraignment.


Action plan (template you can adapt)

  1. Consult counsel and prepare: proof of filiation, needs matrix, income capacity evidence.
  2. File Petition for Support in the Family Court of the child’s residence; attach a Motion for Support Pendente Lite.
  3. Apply for extraterritorial service of summons on the OFW parent.
  4. If facts fit VAWC, seek a Temporary Protection Order including interim support.
  5. Evaluate whether adultery/concubinage is jurisdictionally viable (acts in PH, proper parties included, no pardon/consent). If yes, file criminal complaint with the Prosecutor’s Office where the acts occurred.
  6. Pursue enforcement: identify PH assets; upon judgment/order, move for garnishment/levy; coordinate with any local agency involved in the OFW’s deployment.
  7. Track compliance and be ready to seek modification of the support amount as needs or income change.

Where to get help (Philippine context)

  • PAO (Public Attorney’s Office) for indigent litigants.
  • DSWD/City Social Welfare for casework, child needs assessment, and referrals.
  • Local Gender and Development (GAD) Office or Barangay (for VAWC-related protection orders).
  • Integrated Bar of the Philippines chapters for lawyer referrals.
  • OFW-related agencies (DMW/OWWA) for documentation support about deployment or agency details (not for adjudicating support).

If you want, I can turn your facts into a ready-to-file support petition (with a pendente lite motion) and a prosecutor complaint template—just share the key details (names, dates/places, income clues, and your child’s budget).

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