Ensuring the future of a child is a top 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 works is vital for navigating the legal system .
Defining the Scope of Support
According to Article 194 of the Family Code, support is not limited to just money. It includes all items indispensable for:
Sustenance : Nutritional needs and groceries .
Dwelling : A secure place to live .
Apparel: Appropriate garments for the child.
Healthcare: Doctor visits , prescriptions, and health checkups.
Education : Tuition fees , uniforms, and including higher education beyond the age of 18 in specific cases.
Travel: Expenses for going to and from school .
Calculating Support Payments
A very common inquiries is how much payment is required . Unlike other countries , the Philippines does not apply a standard formula . Instead , courts weigh two key factors:
The Needs of the Child : The actual expenses needed for the child’s standard of living.
The Capacity of the Giver : The income , assets , and salary of the non-custodial parent.
The amount is flexible, meaning it can be increased or decreased over time if the costs of living rise or the financial status shifts.
Support for Illegitimate Children
It is a common misconception that only married parents are required to provide support. However, the legal system dictates that both legitimate and illegitimate children have an equal right to support. For illegitimate children , the first step is establishing paternity. This can be done through 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:
Demand Letter : A formal request for support is often the first step.
Civil Action child support philippines for Support : Filing a case in the Family Court to obtain a legally binding judgment.
Economic Abuse: Pursuant to the VAWC law, 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 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 .