Text of the provision

Art. 208. In case of contractual support or that given by will, the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution. Furthermore, contractual support shall be subject to adjustment whenever modification is necessary due to changes of circumstances manifestly beyond the contemplation of the parties.

(n)

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

Support can also arise from a contract or a will, not just the law. Here the exemption from creditors in Article 205 is narrower: only the portion equal to legal support is protected, and any excess above what the law would require may be attached or levied upon. A person cannot shield unlimited money from creditors simply by labeling it "support" in a contract or will.

The article also imports flexibility into contractual support: it may be adjusted when circumstances change in a way manifestly beyond what the parties contemplated — a targeted echo of the changed-circumstances principle in Article 202.

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.