Securing the future 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 both parents provide for their children's basic needs . Regardless of whether you are a custodial parent , understanding how child support Philippines is calculated is essential for upholding the rights of the child.
What is Covered Under Child Support?
According to Article 194 of the Family Code, child support is not limited to just money. It covers everything necessary for:
Food: Daily meals and groceries .
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.
Calculating Support Payments
A very common inquiries is how much child support one must pay. Unlike other jurisdictions, the Philippines does not use a fixed percentage. Rather, judges balance two critical factors:
The Recipient's Necessities: Evidence-based costs required for the child’s upbringing .
The Capacity of the Giver : The resources, properties, and salary of the obligated parent.
Support is elastic , meaning it can be child support philippines adjusted as years pass if the costs of living rise or the parent’s income changes .
Support for Illegitimate Children
There is a frequent myth that just legitimate parents are required to provide support. However, 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 signed by the father , DNA testing , 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 payment is often the initial step.
Civil Action for Support : Filing a case in the Family Court to secure a formal support order .
RA 9262 : Under the Anti-Violence Against Women and their Children Act , the willful denial of money can be treated as a criminal offense, which may leading to penalties or jail time.
Summary
Managing child support Philippines demands diligence and knowledge of your legal rights . Remember that support is for the benefit of the child , ensuring they have the resources to grow. For those struggling with non-payment, we recommend to seek legal counsel to protect the child's future .