Child Support in the Philippines
Child support holds a significant importance in Philippine family law. It aims to safeguard the well-being of a child whose parents are separated, annulled, or divorced. Despite the dissolution of the marital relationship, both parents are obligated to provide support to their child/children. The Family Code of the Philippines outlines the financial responsibilities of parents towards their child/children and ensures that they receive the necessary care and support they need.
What are the Essential Needs of a Child?
In the Philippines, Article 194 of the Family Code encompasses essential needs such as food, shelter, clothing, medical healthcare, education, and transportation.
- Food. Child support funds are allocated to ensure that the child has access to nutritious food which is essential for his/her growth and development.
- Shelter. Shelter is a fundamental requirement for a child’s well-being, and child support may contribute towards rent, mortgage payments, or other housing-related expenses.
- Clothing. Child support helps provide the child with appropriate clothing, ensuring they are adequately dressed for various occasions and weather conditions.
- Medical Healthcare. Medical care, including doctor’s visits, medication, and health insurance, is a crucial aspect of child support. It ensures that the child receives the necessary healthcare services to maintain his/her well-being.
- Education. Child support may cover expenses related to education, including school fees, tuition, books, uniforms, and other educational materials, enabling children to access quality education and pursue their academic goals.
- Transportation. Child support funds may be allocated for transportation expenses, such as commuting to school, extracurricular activities or work, ensuring that children have access to safe and reliable transportation options.
Who is Obligated to Provide Child Support?
In accordance with Article 195 of Family Code of the Philippines, both parents are legally obliged to provide child support for their legitimate or illegitimate child/children, even if they are not married. This obligation is known as “patria potestas.” In addition, Article 194 of the Family Code defines support as everything indispensable for sustenance, shelter, clothing, medical care, education, and transportation, considering the financial capacity of the family.
Although the legal age of adulthood is eighteen (18), the responsibility to give financial support to a child does not necessarily end at this age. Parents may still be required to offer support, especially for higher education expenses, even after the child reaches 18-year old. However, if a parent intends to legally demand for support after his/her child turns 18-year old, initiating a court case may be necessary.
How Much Financial Support Should be Given to a Child?
There is no exact required amount of support to be given to a child. Under Article 201 of the Family Code, the amount of financial support to be provided is determined based on the financial capacity of the parent and the essential needs of the child. Therefore, if the father of the child earns a minimum wage, he cannot be asked to give PHP10,000.00 monthly as it exceeds his financial capacity. On the other hand, if the father earns PHP100,000 monthly then he cannot argue that PHP10,000 monthly support is excessive.
In addition, the Section 5 of the House Bill (HB) No. 8987, also known as the Paternal Child Support Responsibility Act of 2023, addresses the non-custodial parent’s obligation, specifically:
“SECTION 5. Amount of Paternal Child Support. – The amount of Paternal Child Support per child shall be at least ten percent (10%) of the father’s salary. However, this Act mandates that a paternal child support per child shall not be lower than Six Thousand Pesos (Php 6,000.00) per month, which is equivalent to Two Hundred Pesos (Php 2,000.00) per day.”
However, the appropriateness of the support amount should be determined based on the child’s needs. If the expenses for the child’s essentials such as food, clothing, and healthcare are less than PHP10,000.00, there is no reason to request a higher amount. Moreover, the obligation must not be handled by the father or mother of the child alone if both of them are employed.
How to Legally Demand for Child Support in the Philippines?
The parent who has custody of the child can file for child support. It is crucial to get the non-custodial parent’s confirmation and acknowledgment that the legitimate child or illegitimate child is his or her, or by the means of paternity or maternity. The non-custodial parent must have signed the child’s birth certificate, execute an affidavit of recognition, provide a formal acknowledgment through a letter or any documentation, or a proof of DNA in case of dispute arises. Subsequently, the custodial parent is required to send a formal letter request for support from the non-custodial parent. Alongside the letter request, their child/children’s birth certificate/s issued by the Philippines Statistics Authority (PSA), marriage certificate (if applicable), receipts for child-related expenses, assets and bank accounts details, proof of income must be provided.
Both parents should mutually agree on the child support amount, if the non-custodial parent denies or never gives financial support, the parent who has custody can sue or file a petition for support in court. The child support case should be filed in the municipality or country of where the non-custodial parent resides. The court process depends on how promptly both parents will agree on terms.
What Will Happen if the Father Fails to Support His Child or Children?
Child support emphasizes the financial responsibilities of parents towards their child/children. Whether the child is legitimate or illegitimate, they must receive the necessary care and support to thrive. By prioritizing the best interests of the child, child support in the Philippines seeks to mitigate the adverse effects of parental separation, annulment, or divorce, promoting the welfare of children across the country.
The Republic Act No. 9262, commonly known as the Anti-Violence Against Women and Their Children Act of 2004 (VAWC), covers the denial of financial support or custody of minor children. If the non-custodial father fails to fulfill his child support obligations, has an outstanding balance of P50,000.00 or more, and has not pay the child support for one (1) year, then he could be punished with prison mayor, which entails imprisonment for six (6) to twelve (12) years, along with a fine in an amount of not less than P100,000.00 and not more than P300,000.00 at the discretion of the court. This also applies to the non-custodial Filipino fathers who live overseas.
Need further information and assistance regarding Child Support? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
