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.
33 Responses
Good day atty. Tanong ko lang Po Hindi kami kasal Ng ex partner ko..na sa kanya Po Ang mga dapat nag demand Po sya Ng 10k na monthly support para sa mga bata pwede ba Yun atty. Nabibigatan Po Kasi Ako Kasi 15k lang sahod ko tapos marami akung bayarin.. Ang naay nila Hindi nag trabaho Kasi obligasyon ko daw Ang mga bata.. salamat po ..
Hi I need help my husband is not supporting my child we are not living together but we are still legally married ty in advance
Can a father demand child support when the child is in his care and has guardianship as a solo parent?
Hi, I am the signed father of the child even though I am not sure if its mine but our story came from long way, the reason I signed the birth certificate is I love the girl so much also I loved the baby and until then never I missed giving support to the child but when the child grow older her ex physique is visible to the child the face and everything . So, All things got messy for the both of us and we got separated, but during our separation, I rarely giving the child support since I was not sure if this was mine and her parents demanding child support giving threat that they would do anything to remove me from work, Question, What would I do to remove my right as the father since I am not sure if the baby was mine. Yes I was so immature at that time making decision but that time all I want is a Family with her but things got messy in our relationship. So Hope you could help me because I wanna know the truth also , If that’s my baby then I will give support but if it’s not I would like to remove my last name and I am willing to support the child but they cannot demand it. Thank you.
If a mother works abroad, how can she secure her rights over her children if they are staying with the father before the separation. Mother has been supporting her children since