Protecting the well-being 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 are held accountable for their offspring’s basic requirements. Whether you are a solo parent, understanding how child support Philippines works is crucial for navigating the legal system .
What Does Support Include?
Under Article 194 of the Family Code, 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.
Healthcare: 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 .
How the Amount is Determined
One of the most common inquiries is what is the amount of child support is required . Unlike other countries , the Philippines refuses to apply a standard 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 , assets , and salary of the non-custodial parent.
The amount is flexible, meaning it can be increased or decreased over time if the costs of living rise or the financial status shifts.
Support for Illegitimate Children
It is a common misconception that only married parents are required to provide support. However, the legal system dictates that both legitimate and illegitimate children have an equal right to support. For illegitimate children , the first step is establishing filiation . Proof includes using the PSA records containing the father's name, scientific evidence, or public recognition.
What to Do if a Parent Refuses to Pay
If a parent deliberately fails to provide support , the custodial parent has several legal avenues :
Demand Letter : A formal notice for payment is child support philippines often the initial step.
Civil Action for Support : Filing a case in the Family Court to secure a formal support order .
Economic Abuse: Pursuant to the VAWC law, the deliberate denial of money can be treated as a criminal offense, which may leading to penalties or jail time.
Final Thoughts
Navigating child support Philippines requires patience and a clear understanding of your legal rights . Remember that support is for the benefit of the minor, ensuring they have the opportunity to grow. For those struggling with non-payment, it is always wise to seek legal counsel to protect the child's rights.