The Ultimate Guide to Understanding Child Support in the Philippines
Securing 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 children's basic needs . Regardless of whether you are seeking assistance , understanding how child support Philippines works is vital for upholding the rights of the child.What Does Support Include?
Under Article 194 of the Family Code, child support goes beyond just cash . It encompasses everything necessary for:
Sustenance : Daily meals and provisions.
Dwelling : A safe place to stay.
Apparel: Appropriate wear for the child.
Healthcare: Hospitalization, medicines , and dental care .
Schooling: School supplies, books , and even vocational training beyond the age of 18 in specific cases.
Transportation : Costs for traveling to and from work.
Calculating Support Payments
A very common inquiries is how much child support one must pay. 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 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 filiation . This can be done 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 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 child support philippines Trial Court to obtain a legally binding support order .
RA 9262 : Under the Anti-Violence Against Women and their Children Act , the willful withholding of financial support can be classified as economic abuse , potentially leading to fines or jail time.
Summary
Managing child support Philippines demands diligence and knowledge of the Family Code. Keep in mind that support is for the benefit of the child , ensuring they have the resources to thrive . For those struggling with non-payment, we recommend to seek legal counsel to protect the child's future .