Dear Attorney,
I would like to seek legal advice regarding my child’s support. The other parent and I are no longer living together, and I am the one solely providing for our child’s needs. However, I would like to formalize this and ensure that the other parent fulfills their obligation to support our child. How should I proceed with this, and what legal steps do I need to take? Thank you.
Concerned Parent
Insights
Under Philippine law, child support is both a legal and moral obligation of parents, regardless of their marital status. This duty is derived from the Family Code of the Philippines, particularly Article 195, which explicitly states that parents are obliged to support their legitimate, illegitimate, and adopted children.
Who is entitled to support?
Children, whether legitimate or illegitimate, are entitled to receive support from their parents. This support includes everything indispensable for their sustenance, dwelling, clothing, medical care, education, and transportation, depending on the family's financial capacity. The right to support exists until the child reaches the age of majority or even beyond if they are unable to support themselves due to circumstances such as schooling or health issues.
How is the amount of support determined?
The amount of support is not fixed but depends on the financial capacity of the parent who is required to provide support and the reasonable needs of the child. Article 201 of the Family Code specifies that support shall be in proportion to the resources or means of the provider and the necessities of the recipient. This means that the court will assess both the needs of the child and the ability of the parent to give support.
Filing a petition for child support
If the other parent refuses or fails to voluntarily provide support, the custodial parent or legal guardian of the child can file a petition for support in the Family Court. This petition should include relevant details such as the identity of the parent from whom support is being sought and the child’s needs that require financial support.
In cases involving illegitimate children, the process for requesting support is similar. However, the court may require proof of filiation or legal recognition of the child by the parent from whom support is being requested, if this has not been previously established.
Enforcement of support obligations
Once the court has ordered support, failure to comply can result in legal consequences. The court may order the garnishment of the parent’s salary or other sources of income to ensure compliance. In extreme cases, persistent failure to provide child support could result in the filing of contempt charges.
Modifying the amount of support
Support may be subject to adjustment depending on changes in circumstances. If the financial situation of the parent providing support improves or worsens, or if the child’s needs significantly increase or decrease, either party may request the court to modify the existing support order.
Ensuring child support is a right protected by law in the Philippines, and parents can take legal action to guarantee the fulfillment of this duty.