Protecting the well-being of a child is a fundamental priority for any parent . In the Philippines, the legal obligation of support is formally governed by the Family Code , ensuring that mothers and fathers provide for their offspring’s basic requirements. Regardless of whether you are seeking assistance , understanding how child support Philippines works is crucial for navigating the legal system .
What is Covered Under Child Support?
According to Article 194 of the Family Code, support goes beyond just money. It includes all items indispensable for:
Food: Daily meals and provisions.
Dwelling : A secure place to live .
Apparel: Appropriate garments for the child.
Medical Attendance : Hospitalization, medicines , and health checkups.
Education : School supplies, uniforms, and even vocational training beyond the age of 18 in certain cases.
Travel: Costs for traveling to and from work.
Factors in Support Computation
One of the most common inquiries is how much child support one must pay. Unlike other countries , the Philippines refuses to apply a fixed percentage. Rather, courts weigh two critical factors:
The Needs of the Child : Evidence-based expenses required for the child’s standard of living.
The Capacity of the Giver : The resources, assets , and earning potential of the non-custodial parent.
Support is elastic , meaning it can be modified over time if the child's needs grow or the financial status shifts.
Support for Illegitimate Children
There is a frequent child support philippines myth that only married parents are required to provide support. However, Philippine law mandates that both legitimate and illegitimate children are entitled to support. For illegitimate children , the primary requirement is proving filiation . This can be done through the PSA records containing the father's name, DNA testing , or written acknowledgment .
What to Do if a Parent Refuses to Pay
If a parent willfully fails to provide financial aid, the guardian has multiple legal avenues :
Demand Letter : A formal notice for support is often the first step.
Filing a Petition: Filing a case in the Family Court to secure a formal support order .
Economic Abuse: Pursuant to the VAWC law, the deliberate withholding of financial support can be classified as economic abuse , potentially leading to fines or jail time.
Summary
Managing child support Philippines demands diligence and knowledge of your legal rights . Remember that support is for the benefit of the child , 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 future .