Can a father be jailed for not supporting his child?
- May 22
- 2 min read
Updated: Jun 26
Yes. A father can be jailed for not supporting his child if his failure to support is intentional, unjustified and falls under economic abuse - Republic Act No. 9262 or the VAWC Law.
A father’s failure to support his child/children is considered criminal when:
1. He is legally required to support the child whether legitimate or illegitimate under the Family Code of the Philippines.
2. He has the capacity to provide support especially when he has a source of income, work and financial capability.
3. He intentionally refuses and neglects to give support despite having a job and repeated requests and demands. He likewise prioritizes other expenses and ignores his child’s needs.
4. The child or mother is financially suffering. The mother and child’s basic needs are unmet and the father is withholding financial support to control the mother.
You have various legal options when support is not being given by the father. For one, you may file a VAWC case (RA 9262) if his refusal for support is deliberate. Second, you may file for a petition for support asking the court to order regular financial support. Lastly, you may seek a Protection Order which includes direct financial support orders.
On the other hand, a father may not be criminally charged or jailed if he genuinely has no income and resources and is unable to work despite all his efforts to get one. One may however, file for a civil case.
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