Child Support Obligations of Unemployed Parents in the Philippines

Query: Paano kung nanghihingi ang dating kinakasama sa tatay ng child support e wala pong regular na trabaho ang tatay?

In the Philippines, child support is a legal obligation that both parents must fulfill, regardless of their employment status. The Family Code of the Philippines outlines the responsibilities and rights of parents, including the provision of financial support for their children. Here is an overview of the key aspects related to child support, especially in cases where the parent responsible for providing support is unemployed or lacks a regular job.

Legal Basis for Child Support

Under Article 194 of the Family Code, parents are obligated to support their children. This support includes everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family. This duty is not negated by the lack of regular employment of the parent.

Determining Child Support Amount

The amount of child support is determined based on the needs of the child and the financial capacity of the parent obliged to provide support. According to Article 201 of the Family Code, support should be in proportion to the resources or means of the giver and the necessities of the recipient. Even if the parent does not have a regular job, they are still required to provide support based on their available resources.

Remedies for Enforcement

If a parent fails to provide child support, the custodial parent can seek legal remedies. They may file a petition for child support in court. The court can order the non-custodial parent to pay a specified amount regularly. If the parent is unemployed, the court will consider their potential income, assets, and other financial sources.

Potential Sources of Support from an Unemployed Parent

1. Assets and Savings: The court can order the liquidation of certain assets or savings to provide for the child’s needs.
2. Family Contributions: The extended family, such as grandparents, can sometimes be called upon to provide support in lieu of the unemployed parent’s inability to do so.
3. Future Employment: The court may order the parent to pay a certain percentage of any future income as child support.

Adjustments and Modifications

The amount of child support can be modified if there is a significant change in the financial situation of either parent. If the unemployed parent finds a job or improves their financial situation, the custodial parent can request an adjustment to increase the support amount. Conversely, if the unemployed parent’s financial situation worsens, they can request a reduction in the support amount.

Conclusion

In the Philippines, the obligation to provide child support is independent of the employment status of the parent. Even without a regular job, parents must find ways to fulfill their support duties. Legal mechanisms are in place to ensure that the child's needs are met, taking into consideration the financial capabilities of the parent. Courts strive to balance the needs of the child with the parent's ability to pay, ensuring that support is fair and adequate.