Text of the provision

Art. 205. The right to receive support under this Title as well as any money or property obtained as such support shall not be levied upon on attachment or execution.

(302a)

Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.

What this article means

Legal support is shielded from creditors. Both the right to receive support and the money or property actually received as support cannot be attached or taken on execution.

The reason is that support exists to keep a person fed, housed and cared for; letting creditors seize it would defeat its very purpose. Note this protection covers legal support — support given by contract or by will is treated differently to the extent it exceeds what the law requires (see Article 208).

Related provisions

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.