Securing the well-being of a child is a fundamental priority for any parent . In the Philippines, child support is formally governed by the laws of the land, ensuring that both parents contribute for their offspring’s basic requirements. Whether you are a custodial parent , understanding how child support Philippines works is vital for upholding the rights of the child.
Defining the Scope of Support
Under Article 194 of the Family Code, child support is not limited to just money. It includes everything necessary for:
Sustenance : Nutritional needs and groceries .
Housing: A safe place to live .
Apparel: Appropriate garments for the child.
Medical Attendance : Hospitalization, medicines , and health checkups.
Education : School supplies, books , and including higher education beyond the age of 18 in specific cases.
Transportation : Expenses for going to and from work.
Factors in Support Computation
One of the most common inquiries is how much payment is required . Unlike other jurisdictions, the Philippines does not apply a fixed percentage. Instead , courts weigh two critical factors:
The Recipient's Necessities: The actual costs required for the child’s standard of living.
The Capacity of the Giver : The income , properties, and earning child support philippines potential of the non-custodial parent.
Support is elastic , meaning it may be increased or decreased over time if the costs of living rise or the parent’s income changes .
Rights of Children Born Out of Wedlock
It is a frequent myth that just married parents are required to provide support. However, Philippine law dictates that both legitimate and illegitimate children have an equal right to support. In the case of children born out of wedlock, the first step is establishing paternity. This can be done through the PSA records containing the father's name, DNA testing , or written recognition.
Legal Remedies for Non-Payment
When a parent deliberately neglects to give support , the custodial parent has multiple options:
Demand Letter : A formal request for support is often the first step.
Civil Action for Support : Filing a case in the Regional Trial Court to obtain a legally binding support order .
RA 9262 : Under the VAWC law, the deliberate withholding of financial support can be classified as economic abuse , which may leading to penalties or jail time.
Conclusion
Navigating child support Philippines requires diligence and knowledge of the Family Code. Remember that support is for the benefit of the child , ensuring they have the resources to succeed . For those struggling with non-payment, we recommend to consult legal counsel to protect the child's future .