Ensuring the financial stability of a child is a fundamental priority for any guardian. In the Philippines, the legal obligation of support is strictly governed by the laws of the land, ensuring that both parents provide for their offspring’s basic requirements. Whether you are seeking assistance , understanding how child support Philippines works is vital for upholding the rights of the child.
What is Covered Under Child Support?
Under Article 194 of the Family Code, child support goes beyond just money. It encompasses all items indispensable for:
Sustenance : Daily meals and provisions.
Dwelling : A safe place to live .
Apparel: Necessary wear for the child.
Healthcare: Hospitalization, medicines , and dental care .
Schooling: School supplies, books , and even 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 what is the amount of payment is required . Unlike other countries , the Philippines refuses to apply a fixed formula . Instead , judges weigh two critical factors:
The Needs child support philippines of the Child : Evidence-based costs needed for the child’s upbringing .
The Capacity of the Giver : The resources, properties, and salary of the non-custodial parent.
Support is elastic , meaning it may be modified over time if the costs of living rise or the financial status shifts.
Support for Illegitimate Children
There is a common misconception that only legitimate parents are required to provide support. In reality , the legal system mandates that both legitimate and illegitimate children have an equal right to support. In the case of illegitimate children , the first step is proving filiation . Proof includes through the PSA records signed by the father , DNA testing , or public acknowledgment .
What to Do if a Parent Refuses to Pay
When a parent deliberately fails to provide financial aid, the guardian has multiple legal avenues :
Demand Letter : A written request for payment is often the initial step.
Filing a Petition: Going to court in the Regional Trial Court to secure a legally binding support order .
Economic Abuse: Under the Anti-Violence Against Women and their Children Act , the deliberate withholding of financial support can be treated as a criminal offense, potentially leading to penalties or jail time.
Final Thoughts
Navigating child support Philippines demands patience and a clear understanding of the Family Code. Remember that the obligation is in the best interest of the child , ensuring they have the opportunity to succeed . If you are facing challenges with support issues , we recommend to consult a family lawyer to protect the child's rights.