Dear Attorney,

I have an agreement with the court regarding the payment of monthly child support, but the other party has not been fulfilling this obligation. What legal steps can I take to enforce the agreement and ensure that the monthly support is provided? Thank you for your assistance.

A Concerned Parent

Insights

In the Philippines, child support is a legal obligation that arises from family relations, typically in cases where a parent is separated from their spouse or partner. Under the Family Code of the Philippines, the obligation to support children is considered a matter of law, and it includes everything essential for sustenance, education, and other basic needs, in proportion to the means of the person obliged to give support.

Legal Basis for Child Support

Article 195 of the Family Code outlines the obligation to provide support, which includes food, shelter, medical attention, and education. This support must be given from the moment the child is born and continues until the child reaches the age of majority, or longer if the child cannot yet support themselves.

Failure to comply with a court-ordered support agreement, especially when formalized by the court, can have legal consequences.

Enforcement of Child Support Obligations

If the obligated party fails to provide the agreed support, the recipient can file a petition for the execution of the judgment. This may result in a garnishment of wages, or the court may issue an order to seize property from the non-complying party to cover the arrears. The enforcement process can also lead to the issuance of a writ of execution, a legal mechanism that compels compliance with the court's judgment.

In severe cases, failure to provide support may lead to criminal charges under Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act), which penalizes economic abuse, including the failure to provide for a child.

Remedies Available

Filing a Motion for Execution: If the obligated party is not paying the support agreed upon in court, the concerned parent may file a motion for execution to enforce the judgment.
Criminal Complaint: A criminal complaint under RA 9262 may also be filed if the failure to provide support is deemed as economic abuse.
Contempt of Court: If the obligated parent willfully disobeys a court order, they may be held in contempt, leading to fines or even imprisonment.

Parents facing non-compliance in support obligations are advised to consult a family law attorney for proper legal guidance to protect the rights of the child and ensure that the support is provided in accordance with the law.