Dear Attorney,

I would like to ask for assistance in filing a petition for financial support for my child from their father. However, we were never married. Is it still possible to request child support in this situation, and what steps should I take to proceed?

Sincerely,
A Mother Seeking Support

Insights

Legal Rights of Illegitimate Children to Financial Support in the Philippines

In the Philippines, the Family Code and relevant laws provide clear guidelines on the right to financial support for illegitimate children. According to Article 195 of the Family Code, parents are obliged to support their children, regardless of the child’s legitimacy. Therefore, even if the parents are not married, the father is legally required to provide support for his illegitimate child.

Under Article 196, this obligation extends not only to basic needs like food, shelter, and clothing but also to education, medical expenses, and other necessities that ensure the well-being of the child. The amount of support should be proportional to the financial capacity of the father and the needs of the child.

Steps to File a Petition for Child Support

Proof of Paternity: Before filing for financial support, the mother must first establish that the respondent is the biological father of the child. If the father’s name appears on the birth certificate, this can serve as evidence. If not, other evidence, such as DNA testing, may be required.
Filing a Petition in Court: A petition for child support can be filed in the Family Court with jurisdiction over the child’s residence. The mother can seek assistance from a lawyer or, in some cases, from the Public Attorney’s Office (PAO) if financial means are limited.
Temporary Support: The mother may request provisional or temporary support while the petition is ongoing to ensure that the child’s needs are met during the legal proceedings.
Enforcement of Support: Once the court rules in favor of child support, the father is legally obliged to comply. Non-compliance may lead to legal consequences, such as garnishment of income or other penalties.

It’s important to note that this right to support is based on the child’s needs and not the relationship between the parents.