Our child support legal assistance provides a dedicated legal framework to ensure that a child’s financial needs are met. We help custodial parents secure necessary support for the child’s upbringing, while assisting non-custodial parents in ensuring that obligations demanded are fair, proportional, and based on financial capacity.
What You Should Know About Child Support in the Philippines
As defined by Article 194 of the Family Code of the Philippines (E.O. 209), child support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, and transportation of the child. The law mandates both parents to share in the responsibility to support their child, whether born within or outside wedlock.
Support for Legitimate and Illegitimate Children
Both legitimate and illegitimate children are entitled to parental support under Philippine law. Regardless of the parents’ marital status or living arrangements, both parents remain legally obligated to provide support pursuant to Article 195.
Amount of Child Support
The amount is not fixed by law and depends on the child’s needs and the financial capacity of the parent obliged to give support. Under Article 201, support must be proportionate to the giver’s resources and the recipient’s necessities, allowing courts to adjust the amount as circumstances change.
Enforcement of Child Support
Failure to comply with a child support order may result in contempt of court, wage garnishment or income withholding, and other enforcement measures. Willful and repeated non-payment may also constitute economic abuse under R.A. 9262 (VAWC), which carries criminal liability.
What Duran & Duran-Schulze Law Does
Duran & Duran-Schulze Law understands that child support is not just about a collection of funds but a fundamental right that requires rigorous evidence and strategic negotiation. Whether through amicable mediation or litigation in Family Court, we ensure that the resulting child support orders are legally enforceable and provide for the child’s long-term welfare.
Our Child Support Legal Assistance
We provide legal and technical assistance to establish, modify, and enforce child support obligations:
Case Assessment and Legal Consultation
We conduct a comprehensive assessment of circumstances, including parental status, custody arrangements, and financial capacity to determine the proper basis for child support. We provide clear legal advice grounded in the Family Code.
Determination and Computation of Child Support
We also assist in determining a fair and legally compliant amount of child support based on the child’s needs and the supporting parent’s resources. We ensure that the proposed amount complies with the legal principle of proportionality.
Petition Preparation and Court Representation
We draft and file petitions for child support and meticulously detail the specific indispensable needs of the child to justify the claim. We provide representation in Family Court, handling everything from pre-trial mediation to full trial proceedings.
Enforcement and Modification of Child Support Orders
We provide ongoing legal support to ensure continuous compliance through mechanisms like wage garnishment or filing for contempt of court in cases of non-payment. We also assist in filing for modification when there are changes in the child’s needs or the obligor’s financial capacity.
How to Get Started
For inquiries on requirements, processes, and fees, contact Duran & Duran-Schulze Law at (+632) 8478 5826, (+63) 917 194 0482, or info@duranschulze.com, or simply complete the form on this page. Our office is located at 1210 High Street South Corporate Plaza Tower 2, 26th Street, Bonifacio Global City, Taguig, Metro Manila, Philippines.
Need to Consult a Lawyer?
You can book an online or in-person consultation with Atty. Wendy. Choose a 30-minute or 1-hour session, fill out the form with your information and preferred schedule, pay the fee via PayPal, and meet with the attorney at the scheduled time.
Atty. Mary Wendy A. Duran
Founding Senior Partner [Read Profile]
Family Law, Civil Law, Criminal Law, Special Proceedings, and Property law
Child Support FAQs
For your reference and guidance, here are some frequently asked questions about child support in the Philippines:
No. The law does not set a fixed minimum or maximum amount. The court decides based on the specific cost of living for the child and the verifiable income of the parent.
Yes. Illegitimate children are equally entitled to support, and the non-custodial parent remains legally obligated to provide financial support.
Yes. Support is never final. It can be increased if the child’s needs grow (e.g., entering college) or decreased if the paying parent suffers a legitimate financial setback, such as loss of employment.
No. In Philippine law, visitation and support are independent. You cannot legally block a parent’s right to see their child simply because they are behind on payments; however, you can use the legal system to compel payment through other means.
Child support generally continues until the child reaches majority, unless extended by law due to special circumstances such as disability or continued education.
Yes. Willful refusal to provide child support may constitute economic abuse under Republic Act No. 9262 (VAWC), which carries criminal penalties.
Generally, if the parents are still minors or lack the financial means, the obligation to provide support falls upon the grandparents (ascendants) in the order of their proximity.
