Securing the future of a child is a top 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 offspring’s basic needs . Regardless of whether you are seeking assistance , understanding how child support Philippines is calculated is essential for upholding the rights of the child.
Defining the Scope of Support
According to Article 194 of the Family Code, support is not limited to just money. It encompasses all items necessary for:
Sustenance : Daily meals and provisions.
Dwelling : A safe place to stay.
Apparel: Appropriate 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 certain cases.
Transportation : Expenses for traveling to and from school .
Factors in Support Computation
One of the most common questions is what is the amount of payment one must pay. Unlike other countries , the Philippines does not 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 earning potential of the non-custodial parent.
The amount is flexible, meaning it may 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.
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 : Pursuant to the Anti-Violence Against Women and their Children Act , the willful denial of money can be treated as a criminal offense, which may child support philippines 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, it is always wise to seek legal counsel to protect the child's rights.