Securing 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 mothers and fathers are held accountable for their children's basic needs . Whether you are a custodial parent , 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 goes beyond just cash . It covers everything indispensable for:
Food: Daily meals and groceries .
Housing: A safe place to stay.
Clothing : Necessary garments for the child.
Medical Attendance : Hospitalization, medicines , and health checkups.
Schooling: Tuition fees , uniforms, and even vocational training beyond the age of 18 in certain cases.
Travel: Costs for traveling to and from work.
Calculating Support Payments
One of the most common inquiries is how much payment is required . Unlike other jurisdictions, the Philippines does not apply a fixed percentage. Instead , judges weigh two critical factors:
The Needs of the Child : Evidence-based costs required for the child’s standard of living.
The Capacity of the Giver : The resources, assets , and salary of the obligated parent.
The amount is flexible, meaning it can be adjusted as years pass if the child's needs grow or the financial status shifts.
Support for Illegitimate Children
There is child support philippines a common misconception that just 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 , DNA testing , or public recognition.
Legal Remedies for Non-Payment
If a parent deliberately fails to provide financial aid, the guardian has several legal avenues :
Demand Letter : A written request for payment is often the initial step.
Filing a Petition: Going to court in the Family Court to secure a formal judgment.
Economic Abuse: Under the Anti-Violence Against Women and their Children Act , the willful denial of money can be treated as economic abuse , potentially leading to fines or jail time.
Summary
Navigating child support Philippines requires patience and a clear understanding of the Family Code. Keep in mind that the obligation is for the benefit of the child , ensuring they have the resources to succeed . For those struggling with non-payment, we recommend to consult a family lawyer to protect the child's future .