Query: Can we claim support or payment of non-support for our 23-year-old son?

In the Philippines, parents are generally obligated to provide support to their children until they reach the age of majority, which is 18 years old. However, this obligation can continue even beyond this age if the child is still studying or if they are incapable of self-support due to physical or mental disability【5†source】【6†source】【7†source】.

If your son is still pursuing education, the obligation for support can extend until he finishes his studies or reaches 21 years old, whichever comes first. Additionally, if he is physically or mentally incapacitated, the support obligation continues as long as the condition persists【7†source】.

How to Claim Child Support

To claim child support, a case can be filed in the Family Court that has jurisdiction over where you or your ex-partner resides【8†source】. The amount of support will be proportionate to the financial capacity of the giver and the needs of the recipient【5†source】.

Retroactive Payment for Non-Support

If a parent has failed to provide support, the court may order retroactive payment for the period during which the parent did not provide support. However, this depends on the evidence presented and the specific circumstances of the case【5†source】.

Conclusion

Support obligations generally end when the child reaches 18 or 21 years old, but they can extend if the child is still studying or is incapacitated. To claim or demand retroactive support, you may need to consult a legal expert to discuss your specific situation【6†source】.