Protecting the future of a child is a top priority for any parent . In the Philippines, child support is clearly governed by the laws of the land, ensuring that both parents contribute for their offspring’s basic requirements. Whether you are a solo parent, understanding how child support Philippines is implemented is vital for upholding the rights of the child.
Defining the Scope of Support
According to Article 194 of the Family Code, support is not limited to just money. It encompasses everything necessary for:
Food: Daily meals and provisions.
Housing: A safe place to live .
Apparel: Necessary wear for the child.
Medical Attendance : Hospitalization, medicines , and dental care .
Schooling: School supplies, books , and even vocational training beyond the age of 18 in specific cases.
Transportation : Costs for traveling to and from work.
Factors in Support Computation
One of the most common questions is how much payment is required . Unlike other countries , the Philippines refuses to apply a fixed formula . Instead , judges weigh two key factors:
The Needs of the Child : The actual costs needed for the child’s standard of living.
The Capacity of the Giver : The income , properties, and salary of the non-custodial parent.
Support is elastic , meaning it can be adjusted as years pass if the costs of living rise or the financial status shifts.
Support for Illegitimate Children
It is a frequent myth that just legitimate parents are required to provide support. In reality , Philippine law mandates that all children have an equal right to support. For children born out of wedlock, the primary requirement is proving paternity. Proof includes using the PSA records containing the father's name, scientific evidence, or written acknowledgment .
Legal Remedies for Non-Payment
When a parent willfully fails to provide support , the custodial parent has several legal avenues :
Demand Letter : A formal notice for support is often the first step.
Filing a Petition: Going to court in the Regional Trial Court to obtain a legally binding judgment.
Economic Abuse: Pursuant to the VAWC law, the deliberate denial of money can be treated as a criminal offense, potentially leading to fines or child support philippines imprisonment .
Conclusion
Navigating child support Philippines requires patience and knowledge of the Family Code. Keep in mind that the obligation is in the best interest of the minor, ensuring they have the resources to succeed . If you are facing challenges with support issues , we recommend to consult a family lawyer to protect the child's future .