Dear Attorney,

I am already 18 years old and currently studying in college. My parents are divorced, and I live with my father, but he cannot afford to cover my college tuition and other living expenses. Can my mother still be required to provide financial support, even though I have already reached legal age? I need clarification on whether she is obligated to contribute toward my educational expenses.

Insights

In the Philippines, the concept of child support is guided by the provisions of the Family Code. Support, particularly child support, refers to the obligation of parents to provide for their children's sustenance, education, clothing, and other basic needs. While the obligation to provide support typically lasts until a child reaches the age of majority—18 years old—this obligation does not automatically end at that point.

Under Philippine law, specifically Articles 194 to 208 of the Family Code, parents' duty to provide support may extend beyond the age of majority if the child is still dependent on them for education or training. Education is not limited to elementary or secondary education; it includes college or vocational education, as long as the child is diligently pursuing studies and unable to support themselves financially.

Key Legal Principles on Child Support in the Philippines

Who is Entitled to Support?
- Under Article 195 of the Family Code, legitimate and illegitimate children are entitled to support from their parents. This support includes all necessities for sustenance, dwelling, clothing, medical attendance, education, and transportation, in line with the family’s financial standing. The law emphasizes that both parents are equally responsible for providing for their children, even after divorce or separation.
Until When Can a Child Receive Support?
- Although the legal age of majority in the Philippines is 18, the law provides that support must continue if the child remains in school or is undergoing professional training, and the parents have the financial capacity to provide such support. Article 196 of the Family Code specifies that parents are required to continue providing support for their child’s education up until the child completes college or vocational training, provided the child remains diligent in their studies and is unable to provide for themselves.
Proportional Support Between Parents
- According to Article 201 of the Family Code, the amount of support depends on both the giver’s and the receiver's financial resources. Thus, if one parent is unable to provide support due to financial incapacity, the other parent may bear a larger share of the support obligation. However, the law also stresses that the parent who is financially able should contribute more, but this does not exempt the less financially able parent from the responsibility entirely.
Judicial and Extrajudicial Remedies
- Should one parent fail or refuse to provide support, the other parent or the child may file a petition in court to enforce the obligation. Courts in the Philippines generally recognize the duty of parents to provide support to their children beyond the age of 18 if education and dependence continue. While extrajudicial agreements on support can be made, if disputes arise, the issue can be resolved through a court order.
Legal Precedents and Interpretations
- Philippine jurisprudence supports the notion that support extends beyond the age of majority if the child remains in education and is financially dependent on their parents. In several Supreme Court rulings, the judiciary has upheld the principle that the obligation to support includes ensuring that children have the means to pursue a college education, provided they demonstrate earnest effort and responsibility in their studies.
Retroactive and Future Support
- When seeking support, it is essential to remember that, as established in case law, claims for support are only prospective. This means that a petition for support will only cover future needs from the date of filing. However, parents who are obligated to support cannot be forced to pay for past expenses unless a prior demand was made.
Adjustment of Support Based on Circumstances
- The amount of support may be adjusted depending on changing circumstances. If the parent obligated to provide support faces financial difficulties or if the child’s needs increase (for instance, due to higher educational expenses), the amount of support can be modified accordingly. This adjustment can be made through a judicial petition to either reduce or increase the amount of support, depending on the prevailing conditions of both parties.
Support for Other Needs
- Beyond education, the obligation to provide support may also extend to medical needs and other essential expenses, especially if the child is unable to work or support themselves due to reasons like illness or disability. However, the requirement for support in such cases depends on the financial capacity of the parent.
Support for Legitimate and Illegitimate Children
- Both legitimate and illegitimate children are entitled to support from their parents. While legitimate children may have broader claims to inheritance and succession, the right to financial support applies equally to both legitimate and illegitimate children under the Family Code. However, the mode of support may vary depending on the specific circumstances of the child and the financial standing of the parents.
Discontinuation of Support
- Support obligations may cease when the child becomes financially independent or completes their education. If the child becomes employed and earns sufficient income to support themselves, the parents may no longer be legally obligated to provide support. However, until such time, the obligation remains, and both parents, regardless of living arrangements or custody status, continue to share this responsibility.

Conclusion

In conclusion, the obligation to provide child support in the Philippines can extend beyond the age of 18 if the child remains enrolled in school and is dependent on their parents for educational and other basic needs. Both parents have a legal duty to contribute to their child’s support, and this duty may be enforced through judicial intervention if necessary. The amount of support is contingent upon the financial capacities of the parents and the specific needs of the child, including education, sustenance, and medical expenses.

Parents who fail to meet their support obligations can be compelled by the courts, and adjustments can be made based on changes in circumstances. In all cases, the welfare of the child and their right to receive adequate support remain a paramount consideration in Philippine law.