Dear Attorney,

I would like to seek legal assistance on how to draft a demand letter requesting child support from the father of my child. He has not been providing financial support for quite some time now. How can I formally demand that he fulfill his legal obligations?

Sincerely,
A Concerned Parent

Insights

In the Philippines, the legal obligation of parents to provide child support to their children is enshrined in law, and this responsibility is a shared duty between both parents, regardless of their relationship status. The Family Code of the Philippines governs this responsibility under Article 194, which defines support as everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation.

What is Child Support?

Child support refers to the financial obligation that a parent has towards their child for their essential needs. It covers not only basic necessities such as food, shelter, and clothing, but also extends to education and healthcare. This duty to support continues until the child reaches the age of majority, or even beyond, if the child remains dependent on the parent due to reasons such as disability or ongoing education.

Legal Basis for Child Support in the Philippines

Article 195 of the Family Code enumerates those who are obliged to support each other, including parents and their legitimate and illegitimate children. Child support must be proportional to the resources or means of the parents and the needs of the child. If one parent fails to provide the necessary support, the other parent may demand it, either through a personal request or by seeking legal remedies.

Filing for Child Support

If a parent refuses to voluntarily provide support, the custodial parent may file a civil action for support. This can be done by filing a petition in family court, requesting the court to issue an order compelling the parent to provide the necessary financial assistance. The petition should include details about the parent’s failure to provide support and the financial needs of the child.

Drafting a Demand Letter for Child Support

Before filing a case, it is advisable to send a demand letter to the other parent. The letter should state the following:

The legal obligation of the parent to provide support.
A detailed breakdown of the child’s needs and the specific amount requested for each category (e.g., food, education, healthcare).
A reasonable deadline for the parent to respond or comply with the request.

If the demand is ignored, this letter can serve as evidence that an attempt was made to settle the issue amicably before resorting to legal action.

Remedies if the Parent Fails to Comply

If the parent does not comply with the demand letter, the custodial parent may proceed to file a case in court. Once a judgment is rendered in favor of the custodial parent, enforcement mechanisms can be implemented. The court may issue a writ of execution to garnish the income or properties of the non-complying parent to satisfy the support obligation.

In cases where financial resources are limited, the custodial parent may avail of free legal assistance from the Public Attorney’s Office (PAO) or seek help from non-governmental organizations advocating for child rights and family welfare.

Child support is an important right for children, and the law provides various legal mechanisms to ensure that parents fulfill their obligations. Proper legal guidance is crucial in addressing these concerns effectively.