Ensuring the financial stability of a child is a primary priority for any guardian. In the Philippines, the legal obligation of support is strictly governed by the laws of the land, ensuring that mothers and fathers provide for their children'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 goes beyond just money. It encompasses all items necessary for:
Sustenance : Daily meals and provisions.
Housing: A safe place to stay.
Apparel: Appropriate wear for the child.
Healthcare: Hospitalization, medicines , and dental care .
Schooling: School supplies, books , and including vocational training beyond the age of 18 in certain cases.
Transportation : Costs for traveling to and from work.
Calculating Support Payments
A very common questions is how much child support one must pay. Unlike other jurisdictions, the Philippines does not use a fixed percentage. Rather, judges balance two child support philippines critical factors:
The Recipient's Necessities: Evidence-based costs 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 over time if the child's needs grow 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 all 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.
What to Do if a Parent Refuses to Pay
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 VAWC law, the deliberate denial of money can be treated as a criminal offense, which may leading to penalties or jail time.
Final Thoughts
Navigating child support Philippines requires patience and a clear understanding of your legal rights . Remember that support is for the benefit of the child , ensuring they have the opportunity to grow. For those struggling with non-payment, it is always wise to seek legal counsel to protect the child's rights.