Dear Attorney,
I hope you can help me with my concern regarding child support. The father of my children used to provide financial support but has since stopped after getting into a relationship with another woman. He now only gives a small amount, such as milk, diapers, and a bit of allowance for my eldest child’s schooling, but it’s becoming more difficult to get him to give any support. Meanwhile, he seems to be indulging himself in luxury. Can I demand more consistent financial support for my children? What can I do to ensure that he meets his obligations?
Insights
Under Philippine law, particularly in the Family Code, both parents are obligated to support their children. This obligation is rooted in the principle that a child's welfare must be ensured, and providing financial assistance is one of the essential ways to meet this obligation. The support must be adequate to meet the needs of the children, which include sustenance, education, and other necessities like healthcare.
Child Support Coverage:
Child support typically includes providing for basic needs like food, clothing, education, medical expenses, and even transportation. The law does not limit the support to material items like milk and diapers. The amount must correspond to both the needs of the child and the financial capacity of the parent. It should be regular and sufficient to meet the child’s basic needs.
The Obligation to Provide Support is Continuous:
The obligation to provide support does not cease because the parent has entered into a new relationship. Regardless of personal circumstances, a parent's duty to support their children continues until they reach the age of majority, or beyond, if the child is still in need of support for reasons such as continuing education or illness.
Legal Remedies for Non-Compliance:
If the father fails to provide adequate support, you may seek legal remedies. Filing a petition for child support is a common action in these situations. The courts will determine the proper amount of support based on both the needs of the child and the financial capability of the father. Should the father fail to comply with the court order, enforcement actions such as garnishment of wages, asset seizure, or even imprisonment for contempt of court may be pursued.
Claiming Retroactive Support:
In some cases, courts may also grant retroactive support to cover the period when financial support was lacking or insufficient. This ensures that the parent who failed to provide adequately is held accountable for the time missed.
For a parent struggling to get consistent support, legal action is often a necessary step to protect the child’s rights. Consult a lawyer to explore your options, file the proper petitions, and ensure that the financial support owed to your children is enforced properly.