Ensuring the financial stability of a child is a fundamental priority for any parent . In the Philippines, the legal obligation of support is strictly governed by the laws of the land, ensuring that mothers and fathers provide for their offspring’s basic needs . Regardless of whether you are seeking assistance , understanding how child support Philippines works is vital for navigating the legal system .
What is Covered Under Child Support?
According to Article 194 of the Family Code, support is not limited to just money. It encompasses all items indispensable for:
Food: Daily meals and provisions.
Dwelling : A safe place to stay.
Clothing : Necessary wear for the child.
Healthcare: Doctor visits , medicines , and health checkups.
Education : Tuition fees , uniforms, and even higher education beyond the age of 18 in specific cases.
Transportation : Costs for going to and from work.
Calculating Support Payments
One of the most common inquiries is how much child support one must pay. Unlike other countries , the Philippines does not use a fixed percentage. Rather, courts balance two key factors:
The Recipient's Necessities: The actual expenses required for the child’s standard of living.
The Parent’s Financial Means: The income , assets , and earning potential of the non-custodial parent.
The amount is flexible, meaning it can be adjusted as years pass if the costs child support philippines of living rise or the financial status shifts.
Support for Illegitimate Children
There is a frequent myth that just married parents are required to provide support. In reality , Philippine law dictates that both legitimate and illegitimate children are entitled to support. In the case of 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 give financial aid, the guardian has several options:
Demand Letter : A formal request for support is often the initial step.
Civil Action for Support : Filing a case in the Family Court to obtain a legally binding judgment.
RA 9262 : Under the Anti-Violence Against Women and their Children Act , the deliberate denial of financial support can be classified as a criminal offense, potentially leading to fines or imprisonment .
Summary
Navigating child support Philippines requires diligence and knowledge of your legal rights . Remember that the obligation is in the best interest of the child , ensuring they have the opportunity to succeed . If you are struggling with support issues , it is always wise to consult legal counsel to protect the child's rights.