Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family, and it also includes the education of the person entitled to support until they complete their education or training for a profession, trade, or vocation, even beyond the age of majority. Two practical questions arise: from whom, and how much. On the order of who is obliged, when a person has a right to support from several persons, the Family Code fixes the order in which support must be claimed: first from the spouse; second from the descendants in the nearest degree; third from the ascendants, also in the nearest degree; and fourth from the brothers and sisters. When two or more persons are obliged to give support, the payment is divided among them in proportion to their respective resources; but in case of urgent need and by special circumstances, the judge may order only one of them to furnish the support provisionally, without prejudice to reimbursement from the others. On the amount, the fundamental rule is that the amount of support shall be in proportion to the resources or means of the giver and to the necessities of the recipient; there is no fixed formula, and the court weighs both sides. Because both the needs and the means change over time, support is not fixed once and for all: it shall be reduced or increased proportionately according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to support. Support is also generally not subject to attachment or execution by creditors and cannot be renounced or transmitted. So the law ranks who must give support and sets the amount by balancing the recipient's needs and the giver's means, always keeping the amount adjustable.
What Support Covers
Support covers sustenance, dwelling, clothing, medical care, education, and transportation, in keeping with the family's means — including education even beyond the age of majority until completed.
The Order of Who Is Obliged
- The spouse first;
- then the descendants nearest in degree;
- then the ascendants nearest in degree; and
- then the brothers and sisters (same-level obligors share proportionally).
The Amount, and Adjustability
The amount is proportionate to the giver's means and the recipient's needs — no fixed formula. It is adjustable: increased or reduced as needs and means change. Support generally cannot be attached, renounced, or transmitted.
Practical Takeaways
- Support follows an order: spouse, descendants, ascendants, siblings;
- The amount balances needs and means — no fixed formula;
- It is always adjustable as circumstances change.
Frequently Asked Questions
What does support include? Everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the family's means, including education until it is completed even beyond the age of majority.
In what order is support claimed? From the spouse first, then the descendants nearest in degree, then the ascendants nearest in degree, and finally the brothers and sisters. Same-level obligors share the support in proportion to their means.
How is the amount of support determined? In proportion to the resources or means of the giver and the necessities of the recipient. There is no fixed formula, and the court weighs both sides.
Can the amount of support change? Yes. Support is reduced or increased proportionately according to changes in the necessities of the recipient and the resources or means of the person obliged to support.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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