Protecting the well-being of a child is a primary priority for any guardian. In the Philippines, child support is clearly governed by the laws of the land, ensuring that both parents are held accountable for their offspring’s basic requirements. Whether you are a solo parent, understanding how child support Philippines works is crucial for upholding the rights of the child.
Defining the Scope of Support
According to Article 194 of the Family Code, support goes beyond just money. It encompasses all items necessary for:
Sustenance : Daily meals and provisions.
Dwelling : A safe place to stay.
Apparel: Appropriate wear for the child.
Healthcare: Doctor visits , medicines , and health checkups.
Schooling: School supplies, uniforms, and even higher education beyond the age of 18 in specific cases.
Travel: Costs for going to and from work.
How the Amount is Determined
A very common inquiries is what is the amount of child support is required . Unlike other countries , the Philippines refuses to use a standard formula . Instead , judges balance two key factors:
The Recipient's Necessities: The actual costs required for the child’s standard of living.
The Parent’s Financial Means: The income , properties, and earning potential of the obligated parent.
The amount is flexible, meaning it can be modified as years pass if the child's needs grow or the financial status shifts.
Support for Illegitimate Children
It is a common misconception that just legitimate parents must provide support. However, Philippine law mandates that both legitimate and illegitimate children have an equal right to support. In the case of illegitimate children , the first step is proving filiation . Proof includes through the PSA records signed by the father , scientific evidence, or written recognition.
Legal Remedies for Non-Payment
If a parent willfully neglects to provide support , the custodial parent has several legal avenues :
Demand Letter : A formal notice for payment is often the first step.
Filing a Petition: Filing a case in the Regional Trial Court to obtain a formal support order .
Economic Abuse: Pursuant to the Anti-Violence Against Women and their Children Act , the deliberate denial of financial support can be treated as economic abuse , potentially leading to fines or child support philippines jail time.
Conclusion
Navigating child support Philippines demands diligence and knowledge of your legal rights . Keep in mind that support is for the benefit of the minor, ensuring they have the resources to thrive . For those struggling with support issues , we recommend to consult legal counsel to protect the child's rights.