Dear Attorney,

I hope this message finds you well. I am writing to seek your advice regarding a pressing concern I am facing. My child's biological father has failed to consistently provide financial support. Since February of this year, he has only sent a minimal amount of ₱500, which is grossly insufficient for my child's needs, particularly for educational expenses.

I am struggling to cover these costs on my own, and I believe it is essential to compel him to fulfill his legal obligation as a parent. I would like to understand the proper steps to file a formal demand letter to assert my child's right to support. Could you kindly guide me on this matter?

Sincerely,
A Concerned Parent

Comprehensive Guide on Filing a Demand Letter for Child Support Under Philippine Law

Introduction

Under Philippine law, the obligation of parents to provide for the support of their children is enshrined in Article 195 of the Family Code of the Philippines. This obligation is not discretionary but a legal duty imposed on all parents. For custodial parents struggling with non-supportive biological parents, filing a demand letter serves as the first step toward enforcing this obligation.

This article provides an in-depth discussion on the legal basis for child support, the preparation and filing of a demand letter, potential legal actions that can follow, and the broader implications under Philippine law.

Legal Basis for Child Support

Definition and Scope of Support
- Article 194, Family Code: Support includes everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family. Educational support extends to schooling and related expenses, and continues even beyond the age of majority if the child is still studying.
Who Is Entitled to Receive Support?
- Children, whether legitimate or illegitimate, have an inherent right to support from their parents. Legitimate and illegitimate children are equally entitled to financial assistance.
Basis for Determining Support Amount
- Article 201, Family Code: The amount of support shall be in proportion to the resources or means of the provider and the needs of the recipient.
Effect of Non-Compliance
- A parent's failure to provide support can lead to civil and criminal consequences, including an action for child support under civil law and a complaint under the Revised Penal Code for economic abuse under the Anti-Violence Against Women and Their Children Act of 2004 (RA 9262).

Filing a Demand Letter: The First Step

Before initiating legal proceedings, the custodial parent is encouraged to send a demand letter as part of due process. This letter serves as formal notice to the non-compliant parent, reminding them of their obligations.

Purpose of a Demand Letter
- To formally notify the biological father of his failure to meet support obligations.
- To establish a paper trail that demonstrates efforts to amicably resolve the issue.
- To provide the other party an opportunity to comply voluntarily before resorting to legal action.
Components of a Demand Letter
- Header: Include the sender's name, address, and date.
- Address: Identify the recipient clearly (e.g., "To [Name], Biological Father of [Child's Name]").
- Introduction: Briefly state the purpose of the letter.
- Details of Non-Compliance: Enumerate instances where the father failed to provide support and describe the insufficiency of the ₱500 sent.
- Legal Basis: Cite applicable provisions from the Family Code to underscore the father's legal obligation.
- Demand for Action: Specify the amount or nature of support being demanded and a reasonable deadline for compliance (e.g., 15 days from receipt).
- Consequences of Inaction: Warn that failure to comply will result in legal action.
- Closing: Sign the letter and include contact details.

Sample Demand Letter

[Sender's Name]  
[Address]  
[Date]  

[Recipient's Name]  
[Address]  

Dear [Recipient's Name],

I write this letter as the custodial parent of [Child's Name] to formally demand your compliance with your legal obligation to provide financial support under the Family Code of the Philippines. Since February 2024, you have only provided ₱500, which is grossly insufficient to meet our child's needs.

As a parent, you are obligated to provide support in proportion to your means and our child's needs. This includes costs for sustenance, education, medical care, and other essential expenses.

I hereby demand that you remit the amount of [Specify Amount] monthly, starting immediately. Failure to comply within 15 days of receiving this letter will compel me to take legal action to enforce our child's rights.

Sincerely,  
[Sender's Signature]  
[Contact Information]

What If the Biological Father Fails to Respond?

Filing a Petition for Child Support
- If the father refuses to comply, the next step is to file a petition for child support with the appropriate Family Court.
- The court will examine evidence, such as the father's income and the child's needs, to determine the amount of support.
Criminal Remedies
- Non-compliance with support obligations may also constitute economic abuse under RA 9262. The custodial parent can file a criminal complaint for economic violence, which may result in penalties and imprisonment.

Key Considerations in Filing Legal Action

Jurisdiction
- Cases for child support must be filed in the Family Court of the city or municipality where the child resides.
Evidence
- Provide proof of the biological relationship (e.g., birth certificate).
- Document the non-compliance and financial needs of the child (e.g., school fees, medical bills).
Interim Support
- Under Article 203, Family Code, the court may issue an order for interim support while the case is pending.
Enforcement of Support Orders
- If the court grants support but the father fails to comply, remedies include filing a motion for execution or garnishment of wages.

Frequently Asked Questions

What if the father claims inability to pay?
- The father must prove his financial incapacity. Courts may adjust the support amount but rarely absolve the obligation altogether.
Can support obligations be reduced?
- Yes, if the father's financial capacity changes significantly. He may petition the court for a reduction.
Is mediation required?
- Courts often encourage mediation before proceeding to trial, as it can lead to a faster resolution.

Conclusion

Filing a demand letter is a critical first step in asserting a child’s right to financial support. It not only provides the non-compliant parent with an opportunity to rectify their behavior but also strengthens the custodial parent’s case should legal action become necessary. By understanding the legal framework and procedural requirements, custodial parents can effectively advocate for their child’s welfare.