Ensuring 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 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.
Schooling: Tuition fees , books , and including vocational training beyond the age of 18 in certain cases.
Transportation : Expenses for traveling to and from school .
Calculating Support Payments
A very common questions 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 Capacity of the Giver : The resources, properties, and salary of the obligated parent.
Support is elastic , meaning it can be adjusted as years pass if the costs of living rise or the parent’s income changes .
Support for Illegitimate Children
It is a frequent myth that just legitimate parents are required to provide support. However, the legal system mandates that all children have an equal right to support. For illegitimate children , the first step is proving paternity. 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
If a parent deliberately neglects to give financial aid, the guardian has multiple options:
Extrajudicial Demand: A written request for support is often the first step.
Filing a Petition: Going to court in the Regional Trial Court to obtain a legally binding 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
child support philippines 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 opportunity to grow. For those struggling with non-payment, it is always wise to seek legal counsel to protect the child's rights.