Does a parent have a legal obligation to support an adult child?

In the Philippines, the legal obligations of parents towards their children, including the provision of support, are primarily governed by the Family Code of the Philippines (Executive Order No. 209).

Parental Obligation to Provide Support

Under Article 194 of the Family Code, support is defined as comprising everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family. The obligation to provide support extends not only to minor children but also to adult children under certain circumstances.

Conditions for Supporting Adult Children

Article 195 of the Family Code explicitly states that parents are obliged to support their children, whether legitimate or illegitimate. This support does not automatically cease when the child reaches the age of majority (18 years old) if the child is unable to support themselves due to specific conditions. These conditions can include:

Disability or Illness: If an adult child is physically or mentally incapacitated to support themselves, parents are legally required to continue providing support.
Pursuit of Education: If the adult child is still pursuing their education and is not yet capable of supporting themselves, the parents are expected to continue their support. This obligation extends to providing for educational needs until the child completes their education, provided the educational pursuits are done in good faith and within a reasonable period.

Extent and Limits of Parental Support

The extent of the support required from parents is proportional to their financial capability and the necessities of the child. While parents must provide what is indispensable for the child's basic needs and education, they are not obligated to go beyond their financial capacity or to support a child indefinitely.

Termination of Support

Parental support obligations may cease under the following circumstances:

The child becomes financially independent and capable of supporting themselves.
The child completes their education and is capable of employment.
The conditions that necessitated the support no longer exist.

Legal Recourse

If an adult child believes that they are entitled to continued support and the parents refuse to provide it, the child may seek legal recourse through the family courts. The court will assess the child’s needs and the parents’ financial capacity to determine the appropriate amount and duration of support.

Conclusion

In the Philippines, parents are legally obliged to support their children even after they reach the age of majority under specific conditions such as disability, illness, or ongoing education. This obligation is grounded in the principles of familial support and extends to providing for basic necessities and educational needs. The support continues until the child becomes self-sufficient, ensuring that the child’s welfare is adequately safeguarded within the bounds of the parents' financial capacity.