Dear Attorney,

I am currently 18 years old and still in college. My parents are divorced, and I am living with my father. However, he is struggling to cover my college tuition and living expenses. I am wondering if my mother is still obligated to provide child support for me, even though I have already reached the age of 18. Is there any legal ground for me to request financial support from her for my education?

Sincerely,
A Concerned Child

Insights

In the Philippines, child support is a legal obligation that parents must fulfill to provide for the sustenance, education, and basic needs of their children. Under Article 194 of the Family Code of the Philippines, child support covers everything indispensable for sustenance, including food, clothing, education, medical care, and other essential expenses. This duty is not automatically extinguished when the child reaches the age of majority, especially if the child is still in need of educational support.

Age of Majority and Child Support

Under Philippine law, a person is considered of legal age at 18 years old. However, the obligation to provide child support does not necessarily end when a child reaches this age. According to Article 195 of the Family Code, parents are obligated to support their children, even beyond the age of majority, as long as the child remains dependent on them for education, training, or other basic needs.

The Supreme Court of the Philippines has consistently held that if a child is still studying and incapable of supporting themselves, the obligation to provide financial assistance, particularly for educational expenses, continues. This principle recognizes that education is indispensable to the child's future and personal development, and that parents share the responsibility for securing this future.

Factors Affecting Continuing Child Support Beyond 18

Educational Needs: Support may be extended as long as the child is enrolled in an educational institution and working towards a degree or vocational training. The courts recognize that college education and even post-secondary training are essential for a child to become self-sufficient.
Financial Capacity of Parents: Child support is determined based on the financial capability of both parents. If one parent, in this case the father, is unable to fully meet the child's needs, the obligation may extend to the mother. Article 201 of the Family Code clearly states that the amount of support shall be in proportion to the resources or means of the giver, and the needs of the recipient. This proportionality can adjust if one parent is unable to pay, potentially increasing the obligation on the other parent.
Living Arrangements: Whether a child lives with one parent or the other does not affect the other parent's obligation to provide support. The determining factor is the child’s continuing dependency on financial assistance for education and other essential needs.
Court Intervention: A child (or the parent acting on behalf of the child) can seek court intervention to establish or modify child support obligations, particularly if the parent obligated to pay is not fulfilling their duty. The court will review factors such as the financial situation of both parents and the current needs of the child.

How Long Should Support Continue?

The obligation to provide child support generally persists until the child completes their education or becomes capable of self-support, whichever comes first. In some instances, the courts have allowed support to continue beyond college, particularly if the child is undergoing professional training or postgraduate education that is deemed necessary for their future livelihood. However, this depends on the specific circumstances of the case and the financial capability of the parents.

Parental Agreement on Support

Parents may reach an agreement regarding continued child support without court intervention. Such agreements may be stipulated during divorce or legal separation proceedings and can include provisions for post-18 child support for education. However, even in the absence of an explicit agreement, the law recognizes the child's right to education, and this can be the basis for requesting continued financial assistance.

Enforcing Support Obligations

If the parent obligated to pay child support refuses or neglects to do so, the recipient can seek enforcement through legal channels. Failure to provide child support can result in legal sanctions, and the court can issue orders to compel the defaulting parent to fulfill their obligations. Parents who fail to comply may face penalties such as wage garnishment, asset seizure, or other forms of enforcement to ensure that the child receives adequate financial support.

Conclusion

In conclusion, child support in the Philippines does not automatically end when a child turns 18, especially if the child is still dependent on their parents for education or other essential needs. Both parents share the responsibility of supporting their child, and if one parent is unable to meet this obligation, the other may be required to contribute more. The child, even after reaching the age of majority, may have a legal right to request continuing support until they become self-sufficient. Parents facing these circumstances are encouraged to seek legal advice to clarify their rights and obligations and, if necessary, to initiate legal proceedings to ensure that support obligations are fulfilled.