Ensuring 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 children's basic requirements. Whether you are a custodial parent , understanding how child support Philippines is implemented is vital for navigating the legal system .
What Does Support Include?
Under Article 194 of the Family Code, child support goes beyond just cash . It includes all items indispensable for:
Sustenance : Nutritional needs and groceries .
Dwelling : A secure place to stay.
Clothing : Appropriate garments for the child.
Medical Attendance : Doctor visits , prescriptions, and health checkups.
Education : Tuition fees , uniforms, and including higher education beyond the age of 18 in certain cases.
Travel: Expenses for going to and from school .
Factors in Support Computation
One of the most common questions is what is the amount of payment is required . Unlike other countries , the Philippines refuses to apply a standard formula . Instead , courts weigh two key factors:
The Needs of the Child : The actual expenses needed for the child’s standard of living.
The Capacity of the Giver : The income , assets , and salary of the non-custodial parent.
The amount is flexible, 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. However, Philippine law mandates that all children have child support philippines 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 public recognition.
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 payment 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 economic abuse , potentially leading to fines or 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 non-payment, we recommend to consult a family lawyer to protect the child's future .