Letter to a Lawyer Seeking Advice on Filing for Child Support

Dear Attorney,

I hope this letter finds you well. I am writing to seek guidance regarding my intent to file for child support. I am unsure whether I need to engage the services of a lawyer for this matter or if I should proceed directly through the Department of Social Welfare and Development (DSWD). Could you kindly advise me on the proper course of action? I would greatly appreciate your professional insight into the necessary steps and legal requirements for filing child support in the Philippines.

Thank you for your time, and I look forward to your advice on this concern.

Sincerely,

A Concerned Parent

Filing for Child Support in the Philippines: Legal Requirements, Process, and Remedies

Child support is a fundamental right afforded to every child under Philippine law. The principle of "best interest of the child" is enshrined in both domestic legislation and international conventions to which the Philippines is a signatory, such as the United Nations Convention on the Rights of the Child (CRC). This principle ensures that the welfare of the child remains paramount in legal matters concerning them. A critical component of this welfare is the child’s right to financial support from their parents, whether the parents are married or not, cohabiting, or separated.

What is Child Support?

Under the Family Code of the Philippines (Executive Order No. 209), child support refers to everything indispensable for the child’s sustenance, dwelling, clothing, medical attendance, education, and transportation, considering the family's financial capacity. It is both a moral and legal obligation of the parents to provide for their child, and this obligation remains regardless of the relationship status between the parents.

According to Article 195 of the Family Code, child support can be demanded by:

Legitimate children
Illegitimate children
Adopted children

The law ensures that both parents share the responsibility for their child’s support, with the proportion based on the resources or means of the obligor (the parent responsible for providing support) and the needs of the child.

When is Child Support Necessary?

A child’s right to support is triggered when one parent fails to meet their financial obligations voluntarily. Often, this arises after a separation, annulment, or when the parents are unmarried and living apart. Support may be sought if:

One parent has abandoned the family or child
The parents are no longer cohabiting, and the custodial parent is left to bear the financial burden alone
The non-custodial parent refuses or neglects to contribute adequately to the child's welfare

Steps to File for Child Support in the Philippines

The process of filing for child support can be initiated either through administrative means via the DSWD or judicially through the courts. Both paths are valid and have distinct advantages depending on the circumstances.

1. Administrative Recourse: DSWD Assistance

If you are seeking an alternative to court litigation, particularly if you want to avoid legal costs or delay, you can file a complaint through the DSWD. The DSWD offers mediation services to help resolve child support disputes. This method is more informal and aims to facilitate an amicable agreement between the parents, focusing on the child's welfare.

The process typically involves:

Filing a Complaint: The complainant (usually the custodial parent or legal guardian) will file a request for assistance with the DSWD office, stating the child’s needs and the non-custodial parent’s failure to provide support.
Conciliation and Mediation: The DSWD will arrange meetings between both parents to negotiate an agreement on the child’s support. DSWD social workers and mediators will oversee the process to ensure fairness and to focus discussions on the child’s best interests.
Agreement on Support: If both parties come to an agreement, a written support arrangement will be drafted, signed, and followed. This agreement can serve as a basis for future legal recourse if either parent fails to comply.

While this process is generally faster and less formal, the DSWD's authority is limited to mediation. If the non-custodial parent refuses to cooperate or if the agreement is not honored, the complainant may have to file a case in court to enforce the support obligation.

2. Judicial Recourse: Filing a Case in Court

For more formal proceedings, or if mediation through the DSWD fails, the custodial parent or legal guardian can file a petition for child support with the Family Court. Here's a step-by-step overview of the court process:

Hiring a Lawyer: Although it is not mandatory to have legal representation, having a lawyer can provide guidance through the complexities of the court system. If financial constraints are an issue, you can also seek help from the Public Attorney’s Office (PAO), which offers free legal assistance to indigent clients.
Filing a Petition: The complainant, through their lawyer, will file a petition for support in the Family Court that has jurisdiction over the child’s place of residence. The petition should detail the child’s needs and the obligor parent's refusal or neglect to provide support.
Provisional or Interim Support: While the case is pending, the court may grant provisional support, a temporary arrangement to ensure the child’s immediate needs are met. Article 203 of the Family Code allows for this provisional order to be issued after a preliminary hearing based on the child’s immediate needs.
Court Hearing: The court will hold hearings where both parties can present their evidence. The non-custodial parent has the opportunity to argue their financial capacity, while the custodial parent presents proof of the child’s expenses.
Judgment: After evaluating the evidence, the court will issue a judgment specifying the amount and terms of the support. The amount is generally determined by the child’s needs, such as education, healthcare, housing, and the parent’s financial capacity.
Enforcement of the Support Order: If the obligor parent fails to comply with the court order, the custodial parent may seek enforcement through a writ of execution. The court can order garnishment of wages or seizure of property to satisfy the support obligation.

Amount of Support

The amount of child support is not fixed and will vary from case to case, taking into consideration the child’s needs and the paying parent’s financial capacity. The Family Code provides that support is proportionate to the capacity of the obligor and the necessities of the recipient. Both legitimate and illegitimate children are entitled to support.

It’s important to note that the court can adjust the amount of support periodically depending on changes in circumstances. For example, if the obligor’s income increases, the custodial parent may petition for an increase in support. Conversely, if the obligor’s financial condition worsens (e.g., due to unemployment), they may file for a reduction in the amount of support.

Consequences for Failing to Pay Child Support

Failure to comply with a child support order can lead to various legal consequences, including:

Contempt of Court: If a parent disobeys a court order, the custodial parent may file a motion to declare the obligor in contempt. The court may then impose fines or imprisonment until the support is paid.
Criminal Liability: Under Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women and Their Children Act,” economic abuse, which includes failure to provide financial support, is punishable by law. A parent who deliberately withholds financial support may face criminal prosecution, which could result in imprisonment.

Child Support for Unmarried Parents

Unmarried parents are still required to provide child support under Philippine law. Article 195 of the Family Code makes no distinction between legitimate and illegitimate children regarding their right to support. However, for the child to claim support from the father, the latter must first legally acknowledge the child as his. If paternity is disputed, a petition for compulsory recognition or a paternity test may be required before a support case can proceed.

Legal Aid and Assistance

For parents who cannot afford the services of a private lawyer, the Public Attorney’s Office (PAO) provides free legal assistance to indigent litigants, particularly in matters involving child support. The PAO can represent you in court and help navigate the legal complexities of your case.

Additionally, the DSWD and local government units often provide social welfare assistance to parents seeking child support. They may offer mediation, counseling, and other services aimed at securing the child’s welfare without the need for litigation.

Conclusion

Filing for child support in the Philippines is a straightforward legal process, whether pursued through administrative means with the DSWD or through the courts. Parents, regardless of their relationship status, are obligated by law to provide financial support to their children. While mediation through the DSWD can resolve many disputes amicably, the court system is available for more formal enforcement of support obligations. Legal representation can facilitate this process, but options such as the PAO exist to assist those who cannot afford a private attorney. The key principle guiding all decisions on child support is the best interest of the child, ensuring their basic needs are met and that they have a right to a quality life supported by both parents.