Securing the financial stability of a child is a top priority for any parent . In the Philippines, child support is strictly governed by the Family Code , ensuring that both parents contribute for their offspring’s basic requirements. Regardless of whether you are seeking assistance , understanding how child support Philippines is implemented is essential for upholding the rights of the child.
What Does Support Include?
Under Article 194 of the Family Code, child support goes beyond just cash . It covers everything necessary for:
Food: Daily meals and provisions.
Dwelling : A safe place to live .
Apparel: Necessary wear for the child.
Medical Attendance : Hospitalization, prescriptions, and health checkups.
Education : School supplies, uniforms, and even vocational training beyond the age of 18 in certain cases.
Travel: Costs for traveling to and from work.
Factors in Support Computation
One of the most common inquiries is what is the amount of child support one must pay. Unlike other countries , the Philippines refuses to use a fixed percentage. Instead , judges 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 income , properties, and earning potential of the non-custodial parent.
Support is elastic , meaning it may be increased or decreased as years pass if the child's needs grow or the financial status shifts.
Rights of Children Born Out of Wedlock
It is a common misconception that just married parents are required to provide support. In reality , the legal system mandates that all children are entitled to support. In the case of illegitimate children , the primary requirement is establishing paternity. This can be done through the PSA records containing the father's name, DNA testing , or written recognition.
Legal Remedies for Non-Payment
If a parent willfully neglects to give support , child support philippines the guardian has multiple legal avenues :
Extrajudicial Demand: A formal request for support is often the initial step.
Filing a Petition: Going to court in the Family Court to obtain a formal support order .
Economic Abuse: Pursuant to the Anti-Violence Against Women and their Children Act , the deliberate withholding of financial support can be treated as economic abuse , which may leading to penalties or jail time.
Conclusion
Navigating child support Philippines demands patience and a clear understanding of the Family Code. Remember that the obligation is for the benefit of the minor, ensuring they have the opportunity to thrive . If you are struggling with non-payment, we recommend to seek legal counsel to protect the child's rights.