❌ Claiming “he cannot support you because he needs to pay for his lawyer” is not valid under Philippine law.
Here’s why:
📌 1. Financial Support Is a Legal Obligation — Not a Favor
Under Article 194 to 203 of the Family Code and RA 9262, support is a legal duty and cannot be excused just because he’s spending on legal defense.
“Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.”
— Article 194, Family Code
Even if he's facing charges, this obligation continues unless modified by the court.
📌 2. RA 9262 Prohibits Retaliation by Withholding Support
RA 9262 specifically criminalizes the act of depriving support because the woman files a case:
"Economic abuse refers to acts that make or attempt to make a woman financially dependent... including but not limited to...
Withholding financial support or controlling the victim’s own money or resources..."
So his reasoning — “I won’t support you because you filed VAWC and I need to pay my lawyer” — is itself economic abuse.
📌 3. The Court Does NOT Automatically Side with the Abuser’s Financial Excuse
Even if his counsel claims the court will “understand,” this is misleading.
In actual rulings:
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The court considers the needs of the wife and child first, especially when the woman is the primary caregiver or has no other source of income.
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The court can even assign a fixed monthly amount he is required to pay, regardless of his personal expenses (even lawyer’s fees).
📍 Example Case: People v. Cabanting (G.R. No. 191061, July 15, 2015)
In this VAWC case, the husband argued he couldn’t give financial support because he was unemployed and had legal expenses.
But the court ruled:
"The obligation to provide support exists even if the accused claims financial difficulty, especially when the woman and the children are under his legal responsibility."
It added that if he truly couldn’t give full support, he could petition the court to adjust the amount — but he could not unilaterally stop providing.
🔴 Red Flag: His Lawyer Advising Him to Use Support as a Weapon
If his lawyer told him to withhold support, that’s:
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Unethical
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Potentially subject to sanctions by the IBP (Integrated Bar of the Philippines)
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And, grounds for you to strengthen your economic abuse claim
You may document this conversation, and even mention it in your Protection Order affidavit, to show intentional deprivation of support.
✅ What You Can Do
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Include Economic Abuse in Your Case
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File a supplemental affidavit showing he refused support because of your legal action, which is a textbook definition of economic abuse.
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Request a Court Order for Support (TPO or PPO)
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Ask the court to set a fixed monthly amount he must give while the case is ongoing.
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Report It to DSWD or PAO
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They can assist you in getting a court-mandated support order.
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You can also file a separate petition for support pendente lite (support while a case is pending).
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Prepare Proof
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Gather chats, texts, voice notes, or statements where he says he’s withholding support because of the case. This will prove his refusal is retaliatory and abusive.
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🟢 Summary
| Argument He Uses | Legal Reality |
|---|---|
| “I can’t support because I need to pay my lawyer” | ❌ Not a valid legal excuse |
| “You caused this by filing the case” | ❌ Retaliation is economic abuse under RA 9262 |
| “My lawyer said the court will understand” | ❌ Courts prioritize support for wives/children first |
| “I have no more money left for you” | ❌ He must go to court to modify support, not unilaterally cut it off |
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