Query: Can I stop child support if my child is already 19 years old and I do not have a permanent job or means to support his studies?

In the Philippines, child support is a legal obligation that parents owe to their children. The duty to provide support does not automatically end when a child reaches the age of majority, which is 18 years in the Philippines. The continuation of support into adulthood can depend on various factors, including the child’s needs and the parent’s capacity to provide support.

Key Considerations for Terminating Child Support:

Age and Capacity of the Child: Child support typically continues if the child is still studying or is incapable of self-support due to physical or mental disability, even after reaching the age of majority.
Financial Capacity of the Parent: A parent's sudden inability to provide support due to job loss or severe financial hardship is taken into consideration. The law expects parents to support their children to the best of their ability, but not beyond their means.
Legal Process for Modification: To formally modify or terminate child support obligations, you must file a petition in court. The court will assess the necessity of continuing support based on the child’s needs and the parent's financial condition.

Steps to Request Modification of Child Support:

Document Your Financial Status: Gather financial documents that demonstrate your current income, unemployment status, and any factors affecting your financial stability.
Provide Evidence of the Child’s Status: Collect information about your child’s age, educational status, and any relevant factors that may influence their need for support.
Seek Legal Advice: Consult with a lawyer who specializes in family law to understand the full implications of your situation and the legal steps required to modify your child support arrangement.
File a Petition in Court: Your lawyer will help you prepare and file a petition in the appropriate family court to seek modification or cessation of child support. This petition should detail your financial difficulties and any significant changes in your child’s circumstances.
Attend Court Hearings: You will need to attend court hearings where both parties can present their case. The court will consider all evidence to decide whether modification or termination of support is justified.

Legal Safeguards and Practical Advice:

Do Not Unilaterally Stop Payments: Until a court officially modifies the support order, you are legally obligated to continue payments. Stopping payments without court approval can lead to legal penalties.
Communicate with the Other Parent: If possible, discuss your financial situation with the child’s other parent. They may agree to a temporary adjustment that can later be formalized through the court.

Conclusion: Terminating or modifying child support in the Philippines requires proving substantial changes in circumstances that justify such changes. It involves legal procedures that ensure the rights and welfare of the child are not adversely affected. Legal guidance is strongly advised to navigate these proceedings effectively.