Protecting the well-being of a child is a primary priority for any guardian. In the Philippines, child support is clearly governed by the Family Code , ensuring that mothers and fathers contribute 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 .
What Does Support Include?
Under Article 194 of the Family Code, support goes beyond just cash . It includes all items indispensable for:
Sustenance : Nutritional needs and provisions.
Dwelling : A secure place to stay.
Clothing : Appropriate garments for the child.
Healthcare: Doctor visits , medicines , 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. Instead , courts balance two key factors:
The Recipient's Necessities: Evidence-based expenses required for the child’s standard of living.
The Parent’s Financial Means: The resources, assets , and earning potential of the obligated parent.
The amount is flexible, meaning it may be child support philippines increased or decreased over time if the child's needs grow or the financial status shifts.
Rights of Children Born Out of Wedlock
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 filiation . 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
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 .
RA 9262 : 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.
Final Thoughts
Managing child support Philippines requires 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 grow. For those struggling with non-payment, it is always wise to seek legal counsel to protect the child's rights.