Securing the future of a child is a top priority for any guardian. In the Philippines, child support is strictly governed by the laws of the land, ensuring that both parents contribute for their children's basic needs . Regardless of whether you are a solo parent, understanding how child support Philippines is implemented is essential for upholding the rights of the child.
Defining the Scope of Support
According to Article 194 of the Family Code, support goes beyond just cash . It covers everything indispensable for:
Sustenance : Nutritional needs and provisions.
Dwelling : A safe place to stay.
Clothing : Appropriate garments for the child.
Healthcare: Hospitalization, prescriptions, and dental care .
Education : Tuition fees , uniforms, and including vocational training beyond the age of 18 in specific cases.
Travel: Expenses for traveling to and from school .
Calculating Support Payments
A very common questions is how much child support is required . Unlike other countries , the Philippines refuses to apply a standard percentage. Instead , courts balance two critical factors:
The Needs of the Child : Evidence-based costs required for the child’s upbringing .
The Capacity of the Giver : The income , properties, and earning potential of the non-custodial parent.
The amount is flexible, meaning it may be adjusted as child support philippines years pass if the costs of living rise or the financial status shifts.
Rights of Children Born Out of Wedlock
There is a common misconception that only legitimate parents must provide support. However, the legal system dictates that both legitimate and illegitimate children are entitled to support. For children born out of wedlock, the primary requirement is proving filiation . This can be done using the PSA records containing the father's name, DNA testing , or written acknowledgment .
What to Do if a Parent Refuses to Pay
If a parent deliberately fails to provide financial aid, the guardian has several legal avenues :
Extrajudicial Demand: A written notice for payment is often the first step.
Filing a Petition: Filing a case in the Family Court to obtain a legally binding support order .
Economic Abuse: Pursuant to the Anti-Violence Against Women and their Children Act , the deliberate denial of financial support can be treated as a criminal offense, potentially leading to penalties or imprisonment .
Conclusion
Managing child support Philippines requires diligence and knowledge of your legal rights . Keep in mind that support is for the benefit of the minor, ensuring they have the resources to grow. If you are struggling with support issues , we recommend to seek a family lawyer to protect the child's rights.