Protecting the well-being of a child is a fundamental priority for any parent . In the Philippines, the legal obligation of support is clearly governed by the Family Code , ensuring that both parents are held accountable for their offspring’s basic needs . Regardless of whether you are seeking assistance , understanding how child support Philippines is calculated is crucial 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 encompasses all items necessary for:
Sustenance : Nutritional needs and groceries .
Housing: A secure place to live .
Apparel: Necessary wear for the child.
Healthcare: Doctor visits , prescriptions, and health checkups.
Education : School supplies, uniforms, and even 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 how much payment is required . Unlike other jurisdictions, the Philippines refuses to apply a standard percentage. Rather, judges weigh two critical factors:
The Needs of the Child : The actual costs required for the child’s standard of living.
The Parent’s Financial Means: The income , properties, and earning potential of the non-custodial parent.
The amount is flexible, meaning it can be modified over time if the child's needs grow or child support philippines the financial status shifts.
Support for Illegitimate Children
There is a common misconception that only legitimate parents must provide support. However, Philippine law mandates that both legitimate and illegitimate children have an equal right to support. For children born out of wedlock, the first step is establishing paternity. This can be done through the PSA records signed by the father , scientific evidence, or written recognition.
Legal Remedies for Non-Payment
When a parent deliberately fails to provide financial aid, the guardian has several options:
Demand Letter : A written notice for support is often the initial step.
Civil Action for Support : Going to court in the Family Court to obtain a legally binding support order .
RA 9262 : Pursuant to the Anti-Violence Against Women and their Children Act , the deliberate denial of financial support can be treated as economic abuse , potentially leading to penalties or jail time.
Summary
Navigating child support Philippines requires diligence and knowledge of your legal rights . Remember that the obligation is in the best interest of the minor, ensuring they have the resources to succeed . For those struggling with support issues , we recommend to seek a family lawyer to protect the child's rights.