Ensuring the well-being of a child is a primary priority for any guardian. In the Philippines, child support is clearly governed by the laws of the land, ensuring that both parents are held accountable for their offspring’s basic requirements. Regardless of whether you are seeking assistance , understanding how child support Philippines is calculated is essential for upholding the rights of the child.
Defining the Scope of Support
According to Article 194 of the Family Code, support is not limited to just money. It covers everything necessary for:
Food: Daily meals and groceries .
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
One of the most common questions is how much payment one must pay. Unlike other countries , the Philippines does not use a standard percentage. Rather, courts balance two critical factors:
The Recipient's Necessities: Evidence-based costs required for the child’s upbringing .
The Capacity of the Giver : The resources, properties, and salary of the obligated parent.
Support is elastic , meaning it can be adjusted as years pass if the costs of living rise or the parent’s income changes .
Rights of Children Born Out of Wedlock
There is a frequent myth that just legitimate parents must provide support. In reality , Philippine law mandates that all children have an equal right to support. For 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.
What to Do if a Parent Refuses to Pay
If a parent deliberately neglects to give financial aid, the child support philippines 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 support order .
RA 9262 : Under the Anti-Violence Against Women and their Children Act , the willful withholding of financial support can be classified as economic abuse , which may leading to penalties or jail time.
Summary
Managing child support Philippines demands patience and a clear understanding of your legal rights . Remember that support is for the benefit of the child , ensuring they have the resources to grow. For those struggling with non-payment, it is always wise to seek legal counsel to protect the child's rights.