Art. 297. Title IX. Support of The Civil Code of The Philippines

Main Topic: Title IX. Support Art. 290-304

Art. 297. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the needs of the recipient and the resources of the person obliged to furnish the same.

Discussion:

 

1. Proportionate Support:

                As much possible, the law does not want to encourage separation of the spouses. Therefore a large amount of separation maintenance is rarely given.

 

2. Change in amount of Support:

                The allowance may be changed by the court in case sufficient reasons exist for the change. Excessive payments made under valid although erroneous orders cannot compensate or offset claims for current support.

 

                In view of the fact that the amount of support granted in a judgment may still be changed from time to time, in this sense the judgment for support never becomes final.

 

                Whether or not the spouse asking for support is engaged in gainful occupation is immaterial; what is important is if still needs financial assistance.