Kris Aquino, James Yap and what Philippine laws say about child support

April 24, 2018 - 12:15 PM
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Kris Aquino and son Bimby as seen in a screenshot of one of their videos.
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After two years of TV hiatus, Kris Aquino is set for her comeback through a Star Cinema film, which also stars love team Joshua Garcia and Julia Barretto last week.

In March, the “Queen of All Media” also partnered with Cornerstone Entertainment to handle her renewed career in showbiz.

Alongside new contracts under her belt, people felt her big comeback on social media when she posted a lengthy rant on her Twitter and Instagram accounts against her ex-husband James Yap a day after the celebrations of their son’s 11th birthday.

“Nananahimik ako for so long, even when you crossed the line when promoting that bar you are part owner of—nagsalita ka, and PEP yung video na napanuod ni Bimb mismo ‘nakakawalang ganang mag-effort na magpaka-tatay kay Bimb kasi hindi naman appreciated’,” Aquino said on her Instagram post.

“Ay oo nga pala, of course pinagaksayahan mo sya ng panahon 5 years ago—kasi nasa Malacañang pa ang tito (Noynoy Aquino) n’ya… Nung tinanong ka bakit hindi ka na nag share sa tuition ni Bimb ang ‘excuse’ mo dahil hindi ka na consult nung ililipat s’ya ng school,” she continued.

This post was apparently a response to Yap’s birthday message to James Carlos Aquino Yap Jr., known as Bimby, on Instagram.

“Happy birthday Bimb! I miss you and think about you everyday. Alam ko na ang tagal na natin ‘di nakapagspend ng time together, at ‘di nagkikita, but I want you to know that I’m always here for you. I will always be your papa. I hope you enjoy your birthday!” Yap said on Instagram.

This earned the ire of the Kapamilya actress and accused Yap of neglecting his parental duties to Bimby.

Her posts gathered mix reactions on social media. Some people seemed to empathize with her, noting her role as a solo parent.

Meanwhile, there are those who think the rant would help make noise about her upcoming film.

 

Her written outburst came with a video that featured Taylor Swift’s recent hit “Look What You Made Me Do,” a song hinting about vindictiveness.

One of Aquino’s allegations in her retort against Yap is that he only provided half of Bimby’s tuition once after signing a compromise agreement on child support in 2014.

Yap claimed in an interview last August 2017 that he was supposed to have visiting rights to their son every Friday.

Then, in November last year, Aquino said in an Instagram comment that she had reportedly waived Yap’s child support duties after being granted sole custody of Bimby.

Supporting a child: Things we should know

The Family Code of the Philippines states that both parents are required to provide support on each other and their children.

Support is defined by Title 8, Article 194 as anything “indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.”

In the case of an annulled marriage like Aquino and Yap’s, the support between spouses are ceased, but not to the child until he or she reaches 18 years old. In terms of education, the child is entitled to be supported, including training and transportation expenses.

The amount of child support to be given is based on both parties’ financial resources. This means that the amount to be furnished is subject to change over time.

To avoid court cases, both parties have to sign a compromise agreement that details the duties of the non-custodial parent to the child.

Striking a middle ground between parents

The New Civil Code of the Philippines allows both parties to make concessions to avoid legal proceedings.

If the other party refuses or fails to comply with the signed compromise deal, the aggrieved one can either demand the other party’s end of the deal or cancel it altogether. Both options have to go through a legal process.