Affidavit of Support Philippines

Question: What are the Requirements for an Affidavit of Support in the Context of Philippine Law?

Answer:

1. Purpose of the Affidavit:

   • The Affidavit of Support serves as a legal document where one party agrees to financially support another, often in the context of visa applications or travel permissions. It can also be required in family law matters such as child custody.

2. Who Can Provide:

   • Generally, a close relative or friend who has financial stability can provide an Affidavit of Support. The person providing the support is known as the sponsor.

3. Basic Elements:

   • The affidavit should state the sponsor’s name, relationship to the beneficiary, the purpose for which the support is given, and a commitment to shoulder financial responsibilities.

4. Proof of Financial Stability:

   • Supporting documents such as income tax returns, bank statements, employment certificates, and property documents are often required to establish the sponsor's financial capability.

5. Legal Formalities:

   • The affidavit typically needs to be notarized to be legally binding. Some jurisdictions might also require witnesses.

6. Obligation Details:

   • The Affidavit should be specific about what expenses will be covered, for how long, and under what conditions.

7. Termination Clause:

   • It’s advisable to include a provision detailing how and when the support will terminate, such as upon the achievement of a certain goal (e.g., graduation, employment).

8. Validity:

   • It’s crucial to check whether the Affidavit of Support is time-sensitive, especially if it is for visa or immigration purposes.

9. Consequence of Violation:

   • Failing to abide by the commitments in the Affidavit of Support could lead to legal repercussions. Therefore, the sponsor must fully understand the obligations before signing.

10. Legal Advice:

    • Because the Affidavit of Support has legal implications, it’s advisable to consult a lawyer to ensure that all requirements and obligations are clearly and correctly stated.

In summary, the requirements for an Affidavit of Support involve much more than just the affidavit itself. It also involves a series of supporting documents and compliance with legal formalities. Given the legal implications, consulting a lawyer is often advisable.