Protecting the well-being of a child is a primary priority for any guardian. In the Philippines, child support is clearly governed by the Family Code , ensuring that both parents are held accountable for their offspring’s basic requirements. Whether you are a solo parent, understanding how child support Philippines works is crucial for navigating the legal system .
What Does Support Include?
Under Article 194 of the Family Code, support goes beyond just cash . It includes all items necessary for:
Sustenance : Nutritional needs and provisions.
Dwelling : A safe place to stay.
Apparel: Necessary garments for the child.
Medical Attendance : Doctor visits , prescriptions, and health checkups.
Education : Tuition fees , books , and including vocational training beyond the age of 18 in certain cases.
Transportation : Expenses for traveling to and from work.
Calculating Support Payments
A very common inquiries is how much child support is required . Unlike other jurisdictions, the Philippines refuses to apply a fixed formula . Instead , judges weigh two key factors:
The Needs of the Child : The actual expenses needed for the child’s standard of living.
The Parent’s Financial Means: The income , assets , and earning potential of the obligated parent.
The amount is flexible, meaning it may be modified as years pass if the child's needs grow or the parent’s income changes .
Support for Illegitimate Children
There is a frequent myth that just legitimate parents are required to provide support. However, Philippine law mandates that all children have an equal right to support. For illegitimate children , the first step is proving paternity. Proof includes using the PSA records containing the father's name, scientific evidence, or public recognition.
What to Do if a Parent Refuses to Pay
If a parent deliberately neglects to give financial aid, the guardian has multiple options:
Extrajudicial Demand: A written request for support 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 , child support philippines the deliberate denial of money can be treated as a criminal offense, which may leading to fines or imprisonment .
Final Thoughts
Navigating child support Philippines requires patience and a clear understanding of your legal rights . Keep in mind that the obligation is in the best interest of the minor, ensuring they have the resources to succeed . If you are facing challenges with non-payment, we recommend to consult a family lawyer to protect the child's future .