Disclaimer: The information provided in this article is for general informational and educational purposes only and is not a substitute for professional legal advice. Laws and regulations may change over time and can vary based on individual circumstances. For specific guidance regarding your situation, please consult a licensed attorney in the Philippines.

1. Introduction

Child support is a legal obligation that requires parents to provide for the basic needs of their children, including food, shelter, healthcare, education, and other necessities. In the Philippines, this obligation is grounded in several laws and legal principles, primarily in the Family Code of the Philippines (Executive Order No. 209), particularly Articles 194 to 208.

If one parent is not providing adequate support, the other parent (or guardian) may choose to send a Child Support Demand Letter to formally request the payment of child support. This demand letter can serve as evidence of your good faith effort to seek support before resorting to court action or other legal remedies.

Below is a comprehensive guide on how to draft and send a Child Support Demand Letter in the Philippine context, outlining the relevant legal basis, procedural steps, and best practices.

2. Legal Basis for Child Support in the Philippines

Family Code of the Philippines
- Article 194: Defines support as everything indispensable for sustenance, dwelling, clothing, medical or surgical attendance, education, and transportation, in keeping with the financial capacity of the family.
- Articles 195–196: Establish the persons who are legally obligated to support each other (e.g., spouses, legitimate ascendants and descendants, parents and their legitimate children, etc.).
- Article 201: States that the amount of support is proportionate to the giver’s resources and the recipient’s needs.
RA 9262 (Anti-Violence Against Women and Their Children Act)
- Economic abuse (i.e., the denial of financial support or controlling the family’s finances) can be a ground for legal action. While this law primarily addresses violence against women and children, it underscores the importance of financial support as part of a child’s rights.
Additional Sources
- Civil Code of the Philippines: Contains supplemental provisions regarding obligations and contracts that can be applied to parental support issues.
- Supreme Court Decisions: Case law can further clarify nuances in child support disputes.

3. Preliminary Considerations

Before drafting and sending a Child Support Demand Letter, consider the following:

Establish Paternity (if needed)
- If the child’s parentage is questioned, ensure that there is a legal recognition of paternity. An affidavit of acknowledgment or a court proceeding (if disputed) may be required to confirm the child’s legitimacy or filiation.
Assess Financial Capability
- Under the Family Code, the amount of support should be proportionate to the paying parent’s means and the child’s needs. Gathering information on the parent’s financial status (e.g., employment details, salary range, business ventures) can help determine a realistic support amount.
Documentation
- Keep receipts, invoices, and records of child-related expenses such as tuition fees, medical bills, and other living expenses.
- Document any history of financial support previously given by the parent (e.g., bank transfers, remittances).
Attempt Amicable Settlement
- If communication is still open, try to discuss matters informally. An amicable solution is often faster and less costly than court litigation. The demand letter can formalize these discussions if informal methods fail.

4. Components of a Child Support Demand Letter

A well-structured Child Support Demand Letter should include the following elements:

Sender’s Information
- Full name, address, and contact details of the parent or guardian requesting support.
Date of Letter
- Indicate the exact date the letter is drafted.
Recipient’s Information
- Name and address of the parent from whom child support is being requested.
Subject Line
- Clearly state the letter’s purpose, e.g., “Re: Demand for Child Support.”
Opening Paragraph
- Introduce yourself and your relationship to the child (e.g., mother, father, or legal guardian).
- State the reason for writing: to seek child support based on legal obligations under Philippine law.
Child’s Background and Needs
- Provide the child’s full name, date of birth, and any relevant details (e.g., school enrollment, medical conditions).
- Mention that the child is entitled to support under the Family Code and that both parents share this obligation.
Legal Basis
- Cite relevant legal provisions, particularly Articles 194, 195, and 196 of the Family Code.
- If applicable, mention RA 9262 if economic abuse is a concern.
Calculation or Estimation of Support
- Detail the child’s monthly expenses, such as tuition, allowance, medical bills, and daily living costs.
- Suggest a reasonable monthly support amount, referencing the paying parent’s known income and the child’s needs.
Payment Details
- State how and when payment should be made (e.g., bank deposit, money transfer, or direct payment).
- Propose a payment schedule (weekly, bi-monthly, or monthly).
Deadline for Response
- Provide a specific timeframe (e.g., 7 to 15 days) for the recipient to respond or comply with the demand.
Consequence of Non-Compliance
- Politely but firmly inform the other party that failure to comply may result in legal action, such as filing a case for child support in court.
Closing and Signature
- End with a courteous closing.
- Sign above your printed name.
Supporting Documents (Optional)
- Attach copies of receipts, invoices, or relevant documents to substantiate the child’s expenses.

5. Sample Template of a Child Support Demand Letter

[Your Full Name]
[Address]
[Contact Number / Email Address]

[Date]

[Name of Recipient/Parent Responsible for Support]
[Address]

Subject: Demand for Child Support

Dear [Mr./Ms. Recipient’s Surname],

I hope this letter finds you well. My name is [Your Name], and I am the [mother/father/guardian] of [Child’s Name], born on [Child’s Date of Birth].

As you are aware, under the Family Code of the Philippines, specifically Articles 194, 195, and 196, parents are legally required to provide financial support for their children. [Child’s Name] relies on both of us for proper care, shelter, education, and medical needs.

Over the past [duration], I have solely shouldered the expenses for [Child’s Name]. These expenses include but are not limited to:

Tuition/School fees: PHP _______

Food and household needs: PHP _______

Medical and healthcare: PHP _______

Other miscellaneous expenses: PHP _______

Considering the child’s ongoing and future needs, I kindly request a monthly support amount of PHP _______ from you. This amount is based on [Child’s Name]’s basic living expenses and your obligation to contribute proportionately, taking into account your financial capacity.

I propose that you make this payment on or before the [date] of each month. You may deposit the amount directly into my bank account, detailed as follows:

Bank Name: _______________

Account Name: _______________

Account Number: _______________

If you have any questions or wish to discuss alternative arrangements, please contact me at [phone number/email address] within seven (7) days from the date of this letter. If I do not receive a response or payment within this period, I will be left with no choice but to explore legal remedies to ensure that [Child’s Name] receives the support they are rightfully entitled to under the law.

I sincerely hope we can settle this matter amicably for the best interest of our child.

Thank you for your prompt attention to this request.

Sincerely,

[Your Signature above Printed Name]

6. How to Send the Child Support Demand Letter

Registered Mail with Return Card
- Sending your letter via registered mail (Philippine Postal Corporation) with a return receipt card ensures you have proof of delivery.
Courier or Personal Delivery
- If feasible, you can hand-deliver the letter or use a reputable courier service (e.g., LBC, JRS Express) to obtain a signed proof of receipt.
Email (Supplementary Method)
- Email can serve as a supplementary method of sending the demand letter, especially if you need to document electronic correspondence. However, it is best to still send a physical copy to ensure a formal paper trail.
Retain Copies
- Keep copies of all letters, receipts, and attachments, as well as proof of delivery. This documentation may be critical if legal action follows.

7. Possible Outcomes and Next Steps

Compliance/Negotiation
- The parent receiving the letter may agree and provide the requested support or negotiate a different amount/arrangement.
Partial Compliance
- The other parent might contest the proposed amount. Consider amicable settlement or mediation to reach an arrangement beneficial to the child.
Non-Compliance
- If there is no response or refusal to provide child support, you may need to:
  - File a petition for child support under the Family Code at the Regional Trial Court (Family Court) where you or the child resides.
  - Consider Barangay Conciliation (if applicable) for amicable settlement under the Katarungang Pambarangay system.
  - Explore options under RA 9262 if there is evidence of economic abuse.
Court Proceedings
- A court action can result in an enforceable order mandating the non-compliant parent to pay monthly support. Failure to comply with a court order can lead to legal consequences, such as contempt of court.

8. Tips and Best Practices

Seek Legal Counsel
- Although sending a demand letter is straightforward, the situation can become complicated if the other parent refuses or contests the amount. It is advisable to consult a lawyer to understand your rights, draft a stronger letter, or file the necessary court action.
Mediation Services
- Consider alternative dispute resolution methods. Mediation (court-annexed or private) can be an effective way to settle support matters without a lengthy legal battle.
Maintain Professional Tone
- Your demand letter should be clear, factual, and respectful. Avoid inflammatory or threatening language.
Be Proportionate and Realistic
- Support should be consistent with the paying parent’s means. An unreasonable demand could undermine your credibility and prolong the dispute.
Document Everything
- Keep a thorough record of all communications, receipts, and other evidence that substantiates the child’s needs and the parent’s financial capacity.
Update Your Demands as Needed
- Child support needs may change over time due to new schooling expenses, medical conditions, or shifts in the parent’s financial status. Regularly assess and, if needed, renegotiate the support arrangement.

9. Conclusion

Drafting and sending a Child Support Demand Letter is an essential step for parents or guardians in the Philippines seeking financial support for their child. It serves as a formal reminder of the other parent’s legal and moral obligation to contribute to the child’s needs. By citing the appropriate legal foundations (Family Code Articles, RA 9262), providing detailed expense breakdowns, and adopting a respectful yet firm tone, you increase the likelihood of a successful resolution.

Nonetheless, every family’s situation is unique. If the recipient refuses or ignores your request, seeking legal counsel is strongly recommended. Court action or mediation may ultimately be necessary to protect the child’s best interests and enforce compliance with Filipino family law.

Remember: Your priority is the welfare of your child, and ensuring they receive adequate support is both a legal and moral obligation of both parents. If in doubt, consult a qualified attorney to help guide you through the process and safeguard your child’s well-being.