Securing the future of a child is a fundamental priority for any parent . In the Philippines, the legal obligation of support is clearly governed by the laws of the land, ensuring that both parents are held accountable for their offspring’s basic requirements. Whether you are a solo parent, understanding how child support Philippines is implemented is vital for navigating the legal system .
What Does Support Include?
Under Article 194 of the Family Code, child support goes beyond just cash . It covers everything indispensable for:
Food: Nutritional needs and groceries .
Housing: A secure place to live .
Clothing : Necessary garments for the child.
Medical Attendance : Doctor visits , prescriptions, and dental care .
Education : School supplies, uniforms, and even higher education beyond the age of 18 in specific cases.
Travel: Costs for going to and from work.
How the Amount is Determined
A very common inquiries is what is the amount of child support is required . Unlike other jurisdictions, the Philippines refuses to use a fixed percentage. Rather, judges balance two critical factors:
The Recipient's Necessities: Evidence-based costs required for the child’s upbringing .
The Parent’s Financial Means: The resources, properties, and earning potential of the obligated parent.
Support is elastic , meaning it may be modified over time if the child's needs grow or the financial status shifts.
Rights of Children Born Out of Wedlock
There is a common misconception that only married parents must provide support. However, the legal system dictates that both legitimate and illegitimate children are entitled to support. For illegitimate children , the first step is establishing filiation . This can be done using the PSA records containing the father's name, scientific evidence, or public recognition.
What to Do if a Parent Refuses to Pay
When a parent willfully fails to provide support , the custodial parent has several legal avenues :
Demand Letter : A formal notice for payment is often the initial step.
Civil Action for Support : Filing a case in the Family Court to secure a formal support order .
RA 9262 : Under the Anti-Violence Against Women and their Children Act , the willful denial of money can be treated as a child support philippines criminal offense, which may leading to penalties or jail time.
Summary
Managing child support Philippines demands diligence and knowledge of the Family Code. Keep in mind that support is for the benefit of the child , ensuring they have the resources to thrive . If you are struggling with non-payment, we recommend to consult legal counsel to protect the child's future .