Child support is the legal obligation of parents to provide for the indispensable needs of their children. Under Article 194 of the Family Code, this duty exists regardless of whether the parents are married, separated, or were never in a legal relationship. The law views support as a right of the child that cannot be waived by a parent.What Does Child Support Cover?
Support is "holistic," meaning it encompasses everything necessary for the child’s survival and development. Specifically, it includes:
Sustenance: Food and daily nutritional needs.
Dwelling: A safe place to live (rent or housing costs).
Clothing: Standard attire for daily life and school.
Medical Attendance: Healthcare, dental, and even psychological needs.
Education: Tuition fees, books, supplies, and vocational training.
Transportation: Costs of commuting to and from school or work.
How Much Support Should Be Paid?
There is no fixed amount or percentage of salary required by Philippine law. Instead, the court uses the "Means and Needs" test (Article 201). The amount is determined by balancing two factors:
The Necessities of the Child: The actual cost of the child's basic needs.
The Financial Capacity of the Parent: The income, assets, and resources of the person providing support.
Because life circumstances change, the amount is variable. If a parent gets a significant promotion or if the child develops a medical condition, either party can petition the court to increase or decrease the support amount.
Eligibility and Duration
Until What Age is Support Required?
While the age of majority in the Philippines is 18, the duty to provide support does not necessarily end there. Support is mandatory while the child is a minor, but it continues if:
The child is pursuing education or training for a profession or trade (even beyond 18).
The child has a physical or mental disability that prevents them from supporting themselves.
Can an Illegitimate Child Claim Support?
Yes. The law makes no distinction between legitimate and What does child support cover? illegitimate children regarding the right to support. However, for an illegitimate child to claim support from a father, filiation (paternity) must be established. This is typically done through the father's signature on the birth certificate, a written admission of paternity, or DNA testing.
Enforcement and Refusal to Pay
What can I do if the other parent refuses to pay? if the Other Parent Refuses to Pay?
If a parent refuses to fulfill their duty, several legal avenues are available:
Action for Support: A civil case filed in Family Court to obtain a formal Support Order.
Support Pendente Lite: You can ask the court for "temporary support" while the main case is still ongoing to ensure the child’s needs are met immediately.
RA 9262 (VAWC): Under the Anti-Violence Against Women and What does child support cover? Their Children Act, the denial of financial support is considered economic abuse. This is a criminal offense that can lead to imprisonment and hefty fines.
Garnishment: The court can order an employer to deduct the support amount directly from the parent’s salary.
Conclusion
Child support in the Philippines is an elastic and enforceable obligation centered on the child’s best interest. Whether the child is legitimate or illegitimate, they have a right to a life of dignity. If you are struggling to secure support, the legal system provides robust tools—from civil petitions to criminal charges under RA 9262—to ensure that parental responsibilities are met.