Protecting the well-being of a child is a primary 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 needs . Whether you are a custodial parent , understanding how child support Philippines is implemented 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 includes everything indispensable for:
Food: Nutritional needs and groceries .
Dwelling : A secure place to live .
Clothing : Necessary garments 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.
Transportation : Costs for going to and from work.
Calculating Support Payments
A very common inquiries is how much child support one must pay. Unlike other jurisdictions, the Philippines does not use a fixed percentage. Rather, judges balance two critical factors:
The Recipient's Necessities: Evidence-based costs required for the child’s upbringing .
The Parent’s Financial Means: The resources, properties, and earning potential of the obligated parent.
Support is elastic , meaning it may be modified as years pass if the child's needs grow or the parent’s income changes .
Rights of Children Born Out of Wedlock
There is a common misconception that only married parents must provide support. In reality , the legal system dictates that both legitimate and illegitimate children are entitled to support. For illegitimate children , the first step is establishing filiation . 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
When a parent willfully fails to provide support , the custodial parent has several legal avenues :
Demand Letter : A formal notice for payment is often the initial step.
Civil Action for Support : Filing a case in the Family Court to secure a formal support order .
Economic Abuse: Pursuant to the VAWC law, the deliberate denial of money can be treated as a criminal offense, 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 opportunity to child support philippines grow. For those struggling with non-payment, we recommend to seek legal counsel to protect the child's future .