Protecting the future of a child is a top priority for any guardian. In the Philippines, child support is strictly governed by the Family Code , ensuring that mothers and fathers provide for their children's basic needs . Whether you are a custodial parent , understanding how child support Philippines is implemented is crucial for navigating the legal system .
Defining the Scope of Support
Under Article 194 of the Family Code, support goes beyond just money. It includes everything indispensable for:
Food: Nutritional needs and provisions.
Housing: A safe place to stay.
Apparel: Necessary wear for the child.
Healthcare: Hospitalization, medicines , and health checkups.
Education : Tuition fees , uniforms, and even vocational training beyond the age of 18 in certain cases.
Travel: Costs for going to and from work.
Factors in Support Computation
One of the most common inquiries is how much payment is required . Unlike other jurisdictions, the Philippines does not apply a fixed percentage. Instead , judges weigh two critical factors:
The Needs of the Child : The actual costs required for the child’s standard of living.
The Capacity of the Giver : The resources, assets , and salary of the obligated parent.
The amount is flexible, meaning it can be increased or decreased as years pass if the child's needs grow or the parent’s income changes .
Support for Illegitimate Children
There is a common misconception that only legitimate parents must provide support. However, Philippine law mandates that both legitimate and illegitimate children are entitled to support. For children born out of wedlock, the first step is proving filiation . Proof includes through the PSA records signed by the father , scientific evidence, or written acknowledgment .
What to Do if a Parent Refuses to Pay
When a parent deliberately fails to provide support , the guardian has multiple legal avenues :
Extrajudicial Demand: A formal notice for support is often the initial step.
Filing a Petition: Filing a case in the Regional Trial Court to secure a formal judgment.
RA 9262 : Pursuant to the Anti-Violence Against Women and their Children Act , the deliberate denial of financial support can be treated as economic abuse , potentially leading to penalties or imprisonment .
Final Thoughts
Navigating child support Philippines requires diligence and a clear understanding of the Family Code. Remember that support is in the best interest child support philippines of the child , ensuring they have the resources to succeed . If you are facing challenges with non-payment, it is always wise to seek a family lawyer to protect the child's future .