Ensuring the financial stability of a child is a fundamental 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 is Covered Under Child Support?
Under Article 194 of the Family Code, child support is not limited to just cash . It covers everything indispensable for:
Food: Nutritional needs and groceries .
Housing: A secure place to live .
Clothing : Necessary garments for the child.
Medical Attendance : Hospitalization, prescriptions, and dental care .
Education : School supplies, uniforms, and even higher education beyond the age of 18 in specific cases.
Travel: Costs for going to and from work.
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 apply a fixed formula . Instead , judges weigh two key factors:
The Needs of the Child : The actual costs needed for the child’s upbringing .
The Capacity of the Giver : The income , properties, and salary of the non-custodial parent.
The amount is flexible, meaning it can be adjusted over time if the costs of living rise or the financial status shifts.
Support for Illegitimate Children
It is a common misconception that just legitimate parents are required to provide support. However, the legal system dictates that all children have an equal right to support. For illegitimate children , the first step is establishing 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 child support philippines 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 judgment.
Economic Abuse: Pursuant to the VAWC law, the deliberate denial of money can be treated as economic abuse , potentially leading to fines or imprisonment .
Conclusion
Navigating child support Philippines requires diligence and knowledge of the Family Code. Keep in mind that the obligation is in the best interest of the child , ensuring they have the resources to thrive . If you are struggling with non-payment, we recommend to consult a family lawyer to protect the child's future .