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 both parents are held accountable for their offspring’s basic requirements. Whether you are a solo parent, understanding how child support Philippines works is crucial for navigating the legal system .
What Does Support Include?
Under Article 194 of the Family Code, 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 .
Factors in Support Computation
One of the most common questions is how much payment is required . Unlike other countries , the Philippines does not apply a standard formula . Instead , courts weigh two key factors:
The Needs of the Child : The actual costs needed for the child’s standard of living.
The Capacity of the Giver : The income , assets , and salary of the non-custodial parent.
The amount is flexible, meaning it can be increased or decreased over time if the costs of living rise or the financial status shifts.
Support for Illegitimate Children
It is a child support philippines common misconception that only married parents are required to provide support. However, the legal system dictates that both legitimate and illegitimate children have an equal right to support. For illegitimate children , the first step is establishing filiation . This can be done through 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 fails 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 financial support can be classified as economic abuse , potentially leading to fines or imprisonment .
Conclusion
Navigating child support Philippines demands diligence and knowledge of the Family Code. Keep in mind that the obligation is for the benefit of the child , ensuring they have the resources to thrive . If you are facing challenges with non-payment, we recommend to consult a family lawyer to protect the child's future .