Ensuring the financial stability of a child is a top priority for any guardian. In the Philippines, child support is formally governed by the laws of the land, ensuring that both parents are held accountable for their children's basic requirements. Whether you are a custodial parent , understanding how child support Philippines is calculated is crucial for upholding the rights of the child.
What Does Support Include?
According to Article 194 of the Family Code, support is not limited to just cash . It covers all items indispensable for:
Sustenance : Nutritional needs and provisions.
Dwelling : A secure place to stay.
Clothing : Necessary wear for the child.
Healthcare: Doctor visits , prescriptions, and dental care .
Schooling: Tuition fees , uniforms, and even vocational training beyond the age of 18 in certain cases.
Travel: Expenses for traveling to and from school .
Factors in Support Computation
One of the most common questions is how much payment one must pay. Unlike other countries , the Philippines does not use a standard percentage. Instead , courts balance two key factors:
The Recipient's Necessities: The actual expenses required for the child’s standard of living.
The Parent’s Financial Means: The resources, assets , and salary of the non-custodial parent.
Support is elastic , meaning it may be increased or decreased over time if the child's needs grow or the financial status shifts.
Rights of Children Born Out of Wedlock
It is a common misconception that only married parents must provide support. In reality , the legal system dictates that both legitimate and illegitimate children are entitled to support. In the case of illegitimate children , the primary requirement is proving paternity. Proof includes using the PSA records containing the father's name, scientific evidence, or public acknowledgment .
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 .
Economic Abuse: Pursuant to the Anti-Violence Against Women and their Children Act , the deliberate denial child support philippines of money can be treated as a criminal offense, which may leading to penalties or jail time.
Final Thoughts
Managing child support Philippines demands 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.