Ensuring the future of a child is a primary priority for any parent . In the Philippines, child support is strictly governed by the laws of the land, ensuring that mothers and fathers are held accountable for their children's basic requirements. Whether you are a custodial parent , understanding how child support Philippines works is vital for upholding the rights of the child.
What Does Support Include?
According to Article 194 of the Family Code, support is not limited to just money. It includes everything necessary for:
Sustenance : Daily meals and provisions.
Dwelling : A safe place to stay.
Clothing : Necessary garments for the child.
Medical Attendance : Hospitalization, medicines , and dental care .
Schooling: Tuition fees , uniforms, and even higher education beyond the age of 18 in specific cases.
Transportation : Expenses for going to and from school .
How the Amount is Determined
A very common questions is what is the amount of child support is required . Unlike other jurisdictions, the Philippines does not apply a fixed percentage. Instead , judges balance two key factors:
The Needs of the Child : Evidence-based expenses needed for the child’s upbringing .
The Capacity of the Giver : The resources, assets , and earning potential of the non-custodial parent.
Support is elastic , meaning it may be adjusted over time if the costs of living rise or the parent’s income changes .
Rights of Children Born Out of Wedlock
It is a frequent myth that only married parents are required to provide support. In reality , the legal system dictates that all children are entitled to support. For children born out of wedlock, the primary requirement is establishing paternity. Proof includes through the PSA records signed by the father , DNA testing , or public acknowledgment .
What to Do if a Parent Refuses to Pay
If a parent willfully fails child support philippines to give financial aid, the custodial parent has multiple options:
Demand Letter : A formal request for support is often the initial step.
Civil Action for Support : Going to court in the Regional Trial Court to secure a formal judgment.
Economic Abuse: Under the Anti-Violence Against Women and their Children Act , the deliberate denial of financial support can be classified as economic abuse , which may leading to penalties or imprisonment .
Final Thoughts
Managing child support Philippines demands patience and a clear understanding of your legal rights . Keep in mind that the obligation is in the best interest of the child , ensuring they have the resources to succeed . For those struggling with non-payment, it is always wise to seek legal counsel to protect the child's rights.