Dear Attorney,

I need advice regarding my children’s father not providing financial support. We have children together, and he has failed to fulfill his obligations as a parent to help with their expenses. Can you help me understand my legal options? What can I do to ensure he provides the necessary financial support for our kids?

Sincerely,
[Concerned Parent]

Insights

Legal Framework of Child Support in the Philippines

Child support in the Philippines is a fundamental obligation under both the Family Code of the Philippines and the Revised Penal Code. It is the duty of parents to provide for the sustenance, education, and development of their children, regardless of whether they are married or not. Support, as legally defined, includes everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family.

Who is Entitled to Support?

According to Article 195 of the Family Code, the following are entitled to support:

Legitimate children – born within a valid marriage.
Illegitimate children – those born outside of marriage, provided they are recognized by the parent.
Legally adopted children – are treated in the same way as legitimate children.
Spouses – are also entitled to support from each other.
Parents and ascendants – may also claim support from their children or descendants.

This support obligation applies equally to fathers and mothers, and it persists regardless of the parents' relationship status, including separation or annulment. The non-payment of support can lead to legal consequences.

Amount of Support

There is no fixed amount of support under Philippine law. Instead, the amount depends on two key factors:

The financial capacity of the person obligated to provide support – This means that the court will consider the parent’s income, assets, and other sources of wealth when determining the amount.
The needs of the child – The child’s age, health, education, and other needs will also be taken into account.

The amount of support is variable and can be increased or reduced based on changes in circumstances, such as the financial standing of the provider or the changing needs of the child.

Enforcement of Child Support

If a parent fails to provide support, the aggrieved party may take legal steps to enforce the right to support. The following are common legal remedies:

Filing a Petition for Support – A parent can file a petition in family court seeking a judicial order for support. The court will assess the child’s needs and the financial capabilities of the parents to determine the appropriate amount of support.
Filing a Criminal Case for Violation of RA 9262 (Anti-Violence Against Women and Their Children Act) – If a parent refuses to provide financial support, the aggrieved party may file a complaint under RA 9262. Under Section 5(e) of this law, economic abuse, which includes withholding financial support from children, is punishable by imprisonment and fines.
Garnishment of Wages – Once a court order for support is issued, the petitioner can request garnishment of the delinquent parent’s wages or bank accounts. Employers can be ordered to automatically deduct the support from the parent’s salary.
Demand Letter – In less contentious situations, a demand letter from a lawyer can sometimes encourage a delinquent parent to comply with his or her obligations without going through the lengthy court process. It serves as formal notice of the legal obligation.

Consequences of Failing to Provide Support

Failure to provide child support has both civil and criminal consequences:

Contempt of Court – Once a court issues an order for support, failure to comply can result in a charge of contempt. This can lead to fines or even imprisonment.
Criminal Liability Under RA 9262 – As mentioned earlier, under RA 9262, withholding support can be deemed as economic abuse, which is a criminal offense. This could lead to penalties including imprisonment of up to 12 years.

Can Child Support Be Waived?

No, a parent cannot waive a child’s right to support. Child support is not a negotiable obligation between parents; it is the child’s right. Any agreement where a parent renounces this obligation is considered void as it goes against public policy.

Child Support and Illegitimate Children

In the case of illegitimate children, the Family Code provides that they are entitled to support from their parents, but the father’s obligation to support an illegitimate child arises only when paternity is established. If the father refuses to recognize the child, the mother may file an action for recognition and support. In this proceeding, the court will require evidence of paternity, such as birth certificates, written communications, or DNA testing, if necessary.

Retroactive Application of Child Support

Support is typically awarded from the date of the filing of the petition in court. However, courts can order support to be retroactively applied if there is sufficient evidence showing that the child was in need of support before the legal action was initiated.

Legal Aid and Free Assistance

For individuals unable to afford legal representation, there are free legal services available through various government agencies such as the Public Attorney's Office (PAO), which assists with family law cases, including child support claims.

Conclusion

The legal obligation to provide support to children is fundamental in the Philippines. Parents who neglect this duty face legal consequences, including the potential for criminal charges. The Family Code and RA 9262 provide mechanisms for parents to enforce this right and ensure that children receive the care and sustenance they are entitled to. Courts are committed to upholding the rights of children to financial support, regardless of the relationship between the parents.