Navigating the Laws for Child Support in the Philippines
Securing the future of a child is a top priority for any parent . In the Philippines, the legal obligation of support is clearly governed by the laws of the land, ensuring that both parents are held accountable for their offspring’s basic requirements. Whether you are a solo parent, understanding how child support Philippines works is crucial for navigating the legal system .What Does Support Include?
Under Article 194 of the Family Code, support goes beyond just cash . It includes all items indispensable for:
Sustenance : Nutritional needs and provisions.
Dwelling : A secure place to stay.
Clothing : Appropriate garments for the child.
Medical Attendance : Doctor visits , prescriptions, and health checkups.
Education : Tuition fees , uniforms, and including higher education beyond the age of 18 in certain cases.
Travel: Expenses for going to and from school .
How the Amount is Determined
One of the most common inquiries is what is the amount of child support is required . Unlike other countries , the Philippines refuses to apply a fixed formula . Instead , judges weigh two key factors:
The Needs of the Child : The actual costs needed for the child’s standard of living.
The Capacity of the Giver : The income , properties, and salary of the non-custodial parent.
Support is elastic , meaning it can be adjusted as years pass if the costs of living rise or the financial status shifts.
Support for Illegitimate Children
It is a frequent myth that just legitimate parents are required to provide child support philippines support. However, the legal system dictates that all children have an equal right to support. For illegitimate children , the first step 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 notice for payment is often the initial step.
Civil Action for Support : Filing a case in the Family Court to secure a legally binding judgment.
Economic Abuse: Pursuant to the VAWC law, the deliberate denial of money can be treated as economic abuse , potentially leading to fines or imprisonment .
Conclusion
Navigating child support Philippines requires 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 .