Securing the future of a child is a top priority for any parent . 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 needs . Regardless of whether you are seeking assistance , understanding how child support Philippines is calculated is essential for upholding the rights of the child.
Defining the Scope of Support
According to Article 194 of the Family Code, support is not limited to just money. It encompasses everything necessary for:
Food: Daily meals and groceries .
Housing: A secure place to live .
Clothing : Necessary wear for the child.
Medical Attendance : Hospitalization, prescriptions, and dental care .
Education : School supplies, uniforms, and even higher education beyond the age of 18 in certain cases.
Travel: Expenses for going to and from school .
How the Amount is Determined
One of the most common inquiries is what is the amount of payment is required . Unlike other countries , the Philippines refuses to apply a standard formula . Instead , courts weigh two key factors:
The Needs of the Child : The actual expenses needed for the child’s standard of living.
The Capacity of the Giver : The income , assets , and earning potential of the non-custodial parent.
The amount is flexible, meaning it may be increased or decreased over time if the child's needs grow or the financial status shifts.
Support for Illegitimate Children
It is a common misconception that only legitimate 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 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 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 penalties or jail time.
Summary
Managing 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 child support philippines have the resources to thrive . If you are struggling with non-payment, we recommend to consult legal counsel to protect the child's future .