The answer is yes. If your child is not receiving the proper support they need from a parent, there are legal avenues where you can demand child support
According to the 1987 Philippine Constitution’s provisions, both legitimate and illegitimate children are entitled to support until they are 18.
For single mothers whose children were born out of wedlock, getting child support may be more difficult. This is because the law requires the father of the child to recognize them as his through the following methods:
- Signing the birth certificate,
- Executing an affidavit of recognition,
- Or through the execution of a handwritten letter or document by the father formally acknowledging the child as his.
If the father of the child does not want to acknowledge the child as his, the mother can file a case against him and force recognition.
If the parents of a child separate or change their marital status, they still have a legal responsibility to support their children. If the parents of a child are no longer married, both parties are still obligated to support the child, even if the child is not under their custody. The provisions of the Philippine Constitution work together with the law on Anti-Violence against Women and Their Children.
How does it work?
Article 194 of the Philippine Family Code defines support as everything necessary for sustenance, dwelling, clothing, medical attendance, transportation, and education of the child. Educational support includes schooling or training for a profession, trade or vocation even beyond the age of 18.
The failure or rejection to give financial support is punishable by the Philippine Government in accordance with Republic Act 9262.
Parents can file for child support with the help of a private legal counsel or the Public Attorney’s Office and/or Department of Justice. They can also ask for assistance from the Department of Social Welfare and Development. The case will be filed in the appropriate Regional Trial Court that will serve as the Family Court. When filing a case, you need to have the Philippine Statistics Authority (PSA) birth certificate of your children and your PSA marriage certificate, if you were married.
Who is entitled to it?
In accordance with the Family Code, support is an obligation that comes from family relationships and those entitled to that support are:
- Spouse
- Legitimate ascendants and descendants
- Parents and their legitimate children and the legitimate and illegitimate children of the latter
- Parents and their illegitimate children and the illegitimate and legitimate children of the latter
- Full or half-blood legitimate brothers and sisters
How much should be paid?
According to Philippines Article 201, child support is proportional to the income and resources of the giver of support and the necessities of the recipient. The law does not force one parent to solely support the child or children financially. If both parents are working, they are obliged to split the cost of raising their child or children.
To know more about your rights to demand child support, contact Duran & Duran-Schulze Law at (+632) 478 5826 or send an email to info@duranschulze.com for more information.