Securing the future of a child is a fundamental priority for any guardian. In the Philippines, child support is clearly governed by the laws of the land, ensuring that mothers and fathers provide for their children's basic needs . Whether you are a solo parent, understanding how child support Philippines is calculated is crucial for navigating the legal system .
Defining the Scope of Support
According to Article 194 of the Family Code, child support is not limited to just cash . It encompasses everything necessary for:
Food: Daily meals and groceries .
Housing: A secure place to live .
Apparel: Necessary wear for the child.
Healthcare: Doctor visits , medicines , and health checkups.
Schooling: Tuition fees , books , and including vocational training beyond the age of 18 in specific cases.
Transportation : Expenses for going to and from work.
How the Amount is Determined
A very common inquiries is how much child support one must pay. Unlike other countries , the Philippines refuses to use a fixed percentage. Instead , courts weigh two critical factors:
The Recipient's Necessities: The actual costs required for the child’s upbringing .
The Parent’s Financial Means: The income , properties, and child support philippines earning potential of the non-custodial parent.
The amount is flexible, meaning it can be modified over time if the child's needs grow or the financial status shifts.
Rights of Children Born Out of Wedlock
It is a frequent myth that only legitimate parents must provide support. However, the legal system mandates that both legitimate and illegitimate children have an equal right to support. In the case of illegitimate children , the primary requirement is establishing paternity. This can be done using the PSA records containing the father's name, DNA testing , or public acknowledgment .
What to Do if a Parent Refuses to Pay
When a parent deliberately neglects to provide financial aid, the guardian has several legal avenues :
Extrajudicial Demand: A written notice for support is often the first step.
Civil Action for Support : Going to court in the Family Court to obtain a legally binding support order .
Economic Abuse: Pursuant to the VAWC law, the willful withholding of money can be classified as a criminal offense, potentially leading to penalties or imprisonment .
Final Thoughts
Managing child support Philippines requires diligence and a clear understanding of the Family Code. Keep in mind that support is in the best interest of the child , ensuring they have the opportunity to thrive . If you are struggling with non-payment, it is always wise to consult legal counsel to protect the child's future .