Ensuring 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 Family Code , ensuring that mothers and fathers provide for their children's basic requirements. Whether you are a solo parent, understanding how child support Philippines works 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 wear for the child.
Medical Attendance : Hospitalization, 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.
Calculating Support Payments
A very common inquiries is how much child support is required . Unlike other jurisdictions, the Philippines refuses to use a fixed formula . Rather, judges weigh two critical factors:
The Needs of the Child : Evidence-based costs needed for the child’s upbringing .
The Capacity of the Giver : The income , properties, and salary of the non-custodial parent.
Support is elastic , meaning it can be increased or decreased as years pass if the child's needs grow or the financial status shifts.
Rights of Children Born Out of Wedlock
It 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 first step.
Filing a Petition: Going to court in the Regional Trial Court to obtain a legally binding judgment.
Economic Abuse: Pursuant to the Anti-Violence Against Women and their Children Act , the willful withholding of financial support child support philippines can be classified as economic abuse , potentially leading to fines or imprisonment .
Conclusion
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 .