Securing the future of a child is a top priority for any parent . In the Philippines, the legal obligation of support is clearly governed by the laws of the land, ensuring that mothers and fathers contribute for their children's basic requirements. Whether you are a solo 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:
Food: Nutritional needs and groceries .
Dwelling : A secure place to stay.
Clothing : Necessary garments for the child.
Medical Attendance : Doctor visits , prescriptions, and health checkups.
Education : Tuition fees , uniforms, and including higher education beyond the age of 18 in specific cases.
Travel: Expenses for going to and from school .
How the Amount is Determined
One of the most common inquiries is what is the amount of child support is required . Unlike other jurisdictions, the Philippines refuses to use a fixed formula . Rather, judges weigh two critical factors:
The Needs of the Child : Evidence-based costs needed for the child’s upbringing .
The Capacity of the Giver : The income , properties, and salary of the non-custodial 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
There is a frequent myth that just legitimate parents are required to provide support. In reality , Philippine law mandates that all children have an equal right to support. In the case of children born out of wedlock, the primary requirement is proving paternity. Proof includes using the PSA records signed by the father , DNA testing , or written acknowledgment .
Legal Remedies for Non-Payment
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 : Under the Anti-Violence Against Women and their Children Act , the willful withholding of money can be treated child support philippines as a criminal offense, which may leading to penalties or jail time.
Summary
Managing child support Philippines demands 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.