Support

Question 1

What comprises support under Art. 194 (6)

Answer 1

1. Medical attendance
2. Education - includes schooling or training for some profession, trade or vocation, even beyond the age of majority
3. Transportation - includes expenses going to and from school, or to and from place of work
4. Sustenance
5. Dwelling
6. Clothing
   METS-DC - Medical, Education, Transportation, Sustenance, Dwelling, Clothing

Question 2

Who are obliged to give support? Art. 195 (4)

Answer 2

1. Spouses
2. Legitimate Ascendants and Descendants
3. Parents and their legitimate/illegitimate Children/Grandchildren
4. Legitimate brothers and sisters, whether full or half-blood
   SAPL - Spouses, Ascendants, Parents, Legitimate

Question 3

Rule regarding support for illegitimate brothers and sisters (whether full or half-blood) Art. 196

Answer 3

If one asking for support is below majority age, entitled to support from illegitimate brother or sister to full extend without condition
If above majority age, entitled to support if the need for support is NOT due to a CAUSE imputable to his FAULT or NEGLIGENCE

Question 4

What is the order of support under Art. 199? (4)

Answer 4

1. Spouse
2. Descendants in the nearest degree
3. Ascendants in the nearest degree
4. Brothers and sisters

Question 5

Rule in case of multiple obligors with one and same obligee

Answer 5

Payment shall be divided between them in proportion to their resources. In case of urgency or special circumstances, the judge may order only one of them to furnish provisional support without prejudice to his or her right of reimbursement from the others (Art. 200)

Question 6

Rule in case of multiple obligees with one and same obligor:

Answer 6

General rule: Obligor must satisfy all of them
Exception: In case resources be insufficient, the order in Art. 199 shall be followed
Exception to exception: Between spouse and child subject to parental authority, child should be preferred

Question 7

What is the amount of support under Art. 201 and 202?

Answer 7

In proportion to the RESOURCES or MEANS of the giver AND to the NECESSITIES of the recipient
This shall be reduced or increased proportionately according to changes in either

Question 8

Manner and time of payment of support. Art. 203

Answer 8

Can be demanded from the time the person who has the right to receive the same NEEDS it for maintenance. However, it shall only be paid from the date of judicial or extrajudicial demand

Payment will be made within first 5 days of each corresponding month, in case recipient dies, heirs shall not be obliged to return the advances

Question 9

Means of payment of support under Art. 204

Answer 9

1. Pay the allowance
2. Receive and maintain the person in the family dwelling, unless there is a moral or legal obstacle

Question 10

Can you waiver or renounce right to receive support?

Answer 10

No, since contrary to law, public policy, morals or good customs under Art. 6 of the NCC