Dear Atty. Duran-Schulze,
The father of my daughter and I have previously agreed on financial support. My child is growing, therefore she has more needs that are considered expensive, may I ask for additional support despite him already providing?
Dear Malina,
Yes, this is possible.
Article 195 of the Family Code provides that parents are obliged to support their child.
Support, in Philippine law, is described as everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family (Article 194, Family Code). This support includes schooling or training for some profession, even when the child is older than 18 years old or beyond the age of majority; and expenses in going to and from school, or to and from a place of work (Article 194, Family Code).
Support of the child, who is below eighteen (18) years of age, is a joint obligation of the father and mother. Thus, if both parents are gainfully employed, then the obligation cannot be shifted to one parent alone.
It must be emphasized that there is no defined calculated child support in the Philippines. The amount of child support shall be in proportion to the resources or the means of the giver and the necessities of the recipient (Article 201, Family Code).
In short, the amount of child support depends on the capacity of the father of your minor child/ren and his/her/their needs. Thus, the amount you will receive for your child/ren differs from case to case.
Support may be reduced or increased depending on the necessities of the child. Note however that such support is based on the means of the person obliged to give the same to read:
Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same. (297a)
Therefore, an increase in support may be demanded in the case of your growing child. However, the amount or proportion of the support to be given shall be based on the means and ability of the other parent providing support.
Need further information and assistance? Talk to our Legal team at Duran & Duran-Schulze Law. Call us today at (+632) 8478 5826 or send an email to info@duranschulze.com for more information.