Ensuring the future of a child is a fundamental priority for any guardian. 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 children's basic needs . Regardless of whether you are seeking assistance , understanding how child support Philippines is calculated 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 necessary for:
Sustenance : Daily meals and groceries .
Housing: A secure place to live .
Apparel: Necessary garments for the child.
Healthcare: Doctor visits , prescriptions, and health checkups.
Education : Tuition fees , uniforms, and including vocational training beyond the age of 18 in certain cases.
Transportation : Expenses for traveling to and from work.
Calculating Support Payments
A very common inquiries is what is the amount of payment one must pay. Unlike other countries , the Philippines does not use a standard percentage. Rather, judges weigh two critical factors:
The Needs of the Child : The actual expenses needed for the child’s standard of living.
The Parent’s Financial Means: The resources, properties, and salary of the non-custodial parent.
The amount is flexible, meaning it may be modified as years pass if the costs of living rise or the parent’s income changes .
Support for Illegitimate Children
There is a frequent myth that just married parents are required to provide support. However, the legal system dictates that both legitimate and illegitimate children are entitled to support. In the case of children born out of wedlock, the primary requirement is establishing filiation . This can be done through the PSA records child support philippines containing the father's name, scientific evidence, or written acknowledgment .
What to Do if a Parent Refuses to Pay
When a parent deliberately fails to provide support , the guardian has multiple legal avenues :
Demand Letter : A formal request for support is often the initial step.
Filing a Petition: Going to court in the Family Court to secure a legally binding support order .
RA 9262 : Pursuant to the VAWC law, the willful denial of money can be classified as a criminal offense, potentially leading to penalties or jail time.
Summary
Navigating child support Philippines requires diligence and a clear understanding of the Family Code. Keep in mind that support is in the best interest of the child , ensuring they have the opportunity to succeed . For those facing challenges with non-payment, it is always wise to consult legal counsel to protect the child's future .