Dear Attorney,
I have concerns regarding child support for my minor child. The child’s father has not been providing financial assistance for their needs. What legal steps can I take to compel him to provide support, and how can I ensure this obligation is enforced? I would like to understand my rights and the process of securing child support.
Sincerely,
A Concerned Parent
Insights
Legal Basis of Child Support
In the Philippines, the right to child support is enshrined in the Family Code. Both parents are obligated to provide support to their legitimate and illegitimate children, as long as they are minors, or even beyond legal age if the child is incapable of supporting themselves due to a disability or other valid reasons. The obligation to support is automatic and cannot be waived.
Scope of Child Support
Support includes everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, according to the needs of the child and the means of the parents. Education-related expenses cover schooling and the necessary preparation for a profession, trade, or vocation, even if the child reaches the age of majority.
How to Claim Child Support
To enforce the right to support, a parent may file a petition for support before the Family Court. In cases where the parents are married, this may be included in a case for legal separation or annulment. For parents who are not married, the parent with custody of the child may file for support. If the parent refuses to provide support despite an established obligation, the court may issue an order mandating a fixed monthly allowance.
Enforcement of Child Support
Once the court issues an order for child support, non-compliance may result in contempt of court. A parent may seek enforcement through legal remedies such as garnishment of wages, or in severe cases, criminal charges for failure to comply with the support obligation may be filed. The parent seeking enforcement should provide evidence of the other parent’s income and ability to support the child.
Modification of Child Support
The amount of support may be adjusted over time, depending on changes in the needs of the child or the financial capacity of the parent. Either parent may petition for an increase or decrease in the support based on these factors. The court will always prioritize the best interests of the child when determining the appropriate amount of support.
Conclusion
Child support is a fundamental right of every child, and the legal process in the Philippines provides various avenues to ensure that parents fulfill their obligations. If a parent fails to provide support voluntarily, the other parent may seek judicial intervention to enforce this duty and secure the child’s well-being.