Ensuring the financial stability of a child is a fundamental priority for any guardian. In the Philippines, child support is formally governed by the Family Code , ensuring that mothers and fathers contribute for their children's basic requirements. Whether you are a solo parent, understanding how child support Philippines works is crucial for navigating the legal system .
Defining the Scope of Support
According to Article 194 of the Family Code, support goes beyond just money. It encompasses all items necessary for:
Sustenance : Daily meals and provisions.
Housing: A secure place to live .
Clothing : Necessary garments for the child.
Medical Attendance : Doctor visits , prescriptions, and health checkups.
Education : Tuition fees , uniforms, and including higher education beyond the age of 18 in certain cases.
Travel: Expenses for traveling to and from school .
Factors in Support Computation
A very common questions is how much child support one must pay. Unlike other jurisdictions, the Philippines does not use a fixed percentage. Rather, judges weigh two critical factors:
The Needs of the Child : The actual costs needed for the child’s standard of living.
The Capacity of the Giver : The income , assets , and earning potential of the non-custodial parent.
The amount is flexible, meaning it may be increased or decreased 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. In reality , Philippine law mandates that all children are entitled to support. In the case of children born out of wedlock, the primary requirement is proving paternity. Proof includes using the PSA records containing the father's name, scientific evidence, or public recognition.
Legal Remedies for Non-Payment
If a parent deliberately neglects to give financial aid, the guardian has multiple options:
Extrajudicial Demand: A written request for support is often the first step.
Filing a Petition: Going to court in the Regional Trial 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 criminal offense, which may leading to penalties 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 child support philippines family lawyer to protect the child's future .