In the Philippines, child support is a legal obligation enforced under the Family Code, which mandates both parents to support their children financially. This obligation covers various aspects of a child’s life including health, education, shelter, and clothing. It is an inherent right of the child and cannot be waived or transferred.
Essentials of Child Support
Coverage and Extent: Child support should cover all necessary and proper expenses for the well-being of the child. This includes medical expenses, educational fees, and daily living costs.
Determination of Amount: The amount of support is primarily based on the financial capacity of the parent and the needs of the child. Courts often have the discretion to determine the amount, taking into account the standard of living and resources of each parent.
Legal Enforcement: A parent who fails to provide agreed or court-ordered child support can be subjected to legal action. Enforcement mechanisms include garnishment of wages, contempt of court charges, and other judicial remedies to ensure compliance.
Rights of the Child
Right to Financial Support: Every child has the right to financial support from both parents, regardless of the marital status of the parents at the time of the child’s birth.
Right to Education and Healthcare: Support includes ensuring that the child receives proper education and healthcare.
Adjustments in Support: Child support is not fixed and can be adjusted based on changes in circumstances such as inflation, changes in the child's needs, or changes in the parent's financial capacity.