Letter to the Lawyer

Dear Attorney,

I am writing to seek your legal advice on a matter involving child support. I am the mother of a 5-year-old child, and my former partner and I have been separated for nearly five years. During this time, I have not received any financial support from him, starting from my pregnancy, through childbirth, and up to the present day.

My child, now enrolled in nursery school, has growing financial needs, including school expenses, which I find increasingly difficult to meet on my own. I would like to know how I can compel the father to provide financial support for our child. What are the legal remedies available to ensure he fulfills his obligation as a parent?

Your guidance on how to proceed and what steps I need to take would be greatly appreciated.

Sincerely,
A Concerned Mother

Comprehensive Discussion on Child Support in the Philippines

Child support is a fundamental obligation under Philippine law, grounded in the principles of parental responsibility and the paramount interest of the child. In your situation, it is clear that the father has failed to fulfill this legal duty, leaving you to shoulder the financial burden of raising your child. This response will comprehensively address your concern by discussing the legal framework, processes, and remedies available to enforce the right to child support in the Philippines.

Legal Basis for Child Support

Family Code of the Philippines
- Under Article 195 of the Family Code, parents are obligated to support their legitimate and illegitimate children. The duty to provide support includes everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, as stipulated in Article 194.
Nature of the Obligation
- The obligation to provide support is personal, continuous, and demandable from the moment it is needed (Article 203). Both parents share this responsibility in proportion to their respective resources.
Scope of Support
- Support includes education, which extends to the completion of the child’s training or studies, even beyond the age of majority, if necessary for the child’s profession or vocation (Article 194).

Who Can Demand Support?

Under the law, the following individuals have the right to demand support:

The person entitled to receive support (the child, through a legal representative such as the mother).
The mother or guardian acting on behalf of the minor child.

Steps to Enforce Child Support

Out-of-Court Negotiation
- The first step is to attempt amicable settlement with the father. You may formally request support through a written demand letter. In the letter, specify the child’s needs, such as school fees, medical expenses, and daily sustenance.
Barangay Mediation
- If informal negotiation fails, the matter can be brought to the barangay for mediation under the Katarungang Pambarangay Law (P.D. 1508). Both parties are required to appear for conciliation proceedings to resolve the dispute.
Filing a Case in Court
- If mediation fails, the next step is to file a legal action for child support in the appropriate Family Court. A petition for support may be filed under Rule 61 of the Rules of Court.

Filing a Petition for Child Support

Jurisdiction
- The petition should be filed in the Family Court where either the petitioner (the child’s mother) or the respondent (the father) resides.
Content of the Petition
- The petition should include:
  - Identification of the parties.
  - Statement of facts demonstrating the parent-child relationship.
  - Evidence of the father’s capacity to provide support.
  - A detailed breakdown of the child’s financial needs.
Provisional Support
- During the pendency of the case, you may request an order for provisional support. This ensures that the child receives immediate financial assistance even before the case is resolved.

Proof Required to Establish Support

To strengthen your case, you must provide evidence of the following:

Parent-Child Relationship
- Birth certificate of the child showing the father’s name.
Child’s Needs
- Receipts for school fees, medical expenses, and other costs incurred for the child’s welfare.
Father’s Capacity to Provide Support
- Evidence of the father’s income, such as payslips, income tax returns, or other financial records.

Consequences of Non-Payment of Child Support

Civil Liability
- Failure to comply with a support order can result in garnishment of the father’s wages or attachment of his properties to satisfy the obligation.
Criminal Liability
- Under R.A. 9262, or the Anti-Violence Against Women and Their Children Act, economic abuse—such as depriving the child of financial support—is a criminal offense. Conviction may result in imprisonment and/or a fine.

Practical Tips for Enforcing Child Support

Engage a Lawyer
- While it is possible to file a petition without legal representation, hiring a lawyer ensures proper filing and presentation of evidence.
Consider Mediation or Arbitration
- Alternative dispute resolution mechanisms are cost-effective and less adversarial.
Maintain Detailed Records
- Keep all receipts and documentation related to the child’s expenses to substantiate your claim.

FAQs on Child Support

Can I claim retroactive support?
- Yes, support can be demanded retroactively from the time it was judicially requested.
What if the father denies paternity?
- A paternity test may be ordered by the court to establish the parent-child relationship.
What if the father has no income?
- The obligation to provide support is proportionate to the resources of the parent. If the father has limited means, he may still be required to contribute within his capacity.

Conclusion

As a parent, the father has a clear legal duty to provide financial support for his child. The law offers several remedies to enforce this obligation, including negotiation, mediation, and court action. By taking the appropriate legal steps and gathering the necessary evidence, you can secure the support your child is entitled to under Philippine law.

It is highly recommended to consult a lawyer to guide you through this process and represent your interests effectively in court. The welfare and best interest of your child remain the paramount concern in these proceedings.