Protecting the well-being of a child is a primary priority for any guardian. 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. Regardless of whether you are seeking assistance , understanding how child support Philippines works is crucial for upholding the rights of the child.
Defining the Scope of Support
According to Article 194 of the Family Code, support goes beyond just money. It encompasses all items necessary for:
Sustenance : Daily meals and provisions.
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.
Travel: Costs for going to and from work.
How the Amount is Determined
One of the most common inquiries is what is the amount of payment is required . Unlike other countries , the Philippines does not apply a standard percentage. Instead , courts balance two key factors:
The Recipient's Necessities: Evidence-based expenses required for the child’s upbringing .
The Parent’s Financial Means: The resources, properties, and earning potential of the obligated parent.
Support is elastic , meaning it may be modified as years pass if the child's needs grow or the parent’s income changes .
Support for Illegitimate Children
There is a frequent myth that just legitimate parents are required to provide support. In reality , Philippine law mandates that all children have an equal right to support. For children born out of wedlock, the child support philippines primary requirement is proving paternity. 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 request for support is often the first step.
Filing a Petition: Going to court in the Regional Trial Court to obtain a legally binding judgment.
Economic Abuse: Pursuant to the VAWC law, the deliberate denial of money can be classified as economic abuse , potentially leading to fines or imprisonment .
Conclusion
Navigating child support Philippines demands diligence and knowledge of the Family Code. Keep in mind that the obligation is in the best interest of the minor, ensuring they have the resources to thrive . If you are facing challenges with non-payment, we recommend to consult a family lawyer to protect the child's future .