Securing the future of a child is a top priority for any parent . 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 needs . Regardless of whether you are a solo parent, understanding how child support Philippines works is essential for upholding the rights of the child.
What is Covered Under Child Support?
Under Article 194 of the Family Code, support is not limited to just cash . It encompasses everything indispensable for:
Food: Daily meals and provisions.
Dwelling : A secure place to live .
Clothing : Necessary wear for the child.
Healthcare: Doctor visits , prescriptions, and dental care .
Schooling: Tuition fees , books , and including higher education beyond the age of 18 in certain cases.
Travel: Expenses for going to and from school .
Calculating Support Payments
One of the most common inquiries is how much payment one must pay. Unlike other countries , the Philippines refuses to use a fixed percentage. Instead , judges balance two key factors:
The Recipient's Necessities: The actual expenses needed 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 modified over time if the costs of living rise or the parent’s income changes .
Support for Illegitimate Children
There is a common misconception that only legitimate parents are required to provide support. However, the legal system mandates that both legitimate and illegitimate children have an equal right to support. child support philippines In the case of children born out of wedlock, the primary requirement is establishing filiation . This can be done through the PSA records signed by the father , DNA testing , or public recognition.
What to Do if a Parent Refuses to Pay
If a parent deliberately neglects to give financial aid, the guardian 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 : 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 diligence and knowledge of the Family Code. Keep in mind that the obligation is in the best interest of the minor, ensuring they have the resources to succeed . If you are facing challenges with support issues , it is always wise to seek legal counsel to protect the child's rights.