Q: Can I seek child support even if I am not married to the father of my child? The child carries the father's last name.
A: Child Support for Children Born Out of Wedlock in the Philippines
Q: Is child support only for legitimate children?
A: No, child support is not solely for legitimate children. In the Philippines, both legitimate and illegitimate children have the right to receive support from their parents, as mandated by the Family Code.
Q: Does the child carrying the father's last name have any bearing?
A: The use of the father's surname doesn't automatically establish paternity, but it can serve as evidence that the father has publicly acknowledged the child. Recognition of paternity is crucial in claims for child support.
Q: How do I legally establish paternity for my child?
A: Paternity can be established in several ways:
- Voluntary acknowledgment by the father.
- Filing a petition for compulsory acknowledgment.
- Evidence such as DNA tests.
Q: Where can I file a claim for child support?
A: Claims for child support can generally be filed at the Family Court in the jurisdiction where you or the child resides.
Q: What kind of support can I ask for?
A: Child support typically covers:
- Basic necessities such as food, shelter, and clothing
- Education
- Healthcare
- Other additional costs that are deemed necessary for the child's well-being
Q: What if the father refuses to provide support?
A: If the father refuses to provide support, you can take legal action. Non-compliance with a court order for child support can result in contempt of court, financial penalties, or even imprisonment for the non-compliant parent.
Q: Can the amount of child support be modified?
A: Yes, the amount can be modified depending on the needs of the child and the financial capacity of the parents. Either parent can petition the court for a modification.
Q: Does the father have any rights over the child?
A: Even if the child is illegitimate, the father has some rights, such as visitation, especially if he acknowledges the child and contributes to the child's support.
Note:
This article is intended for informational purposes only. For specific advice tailored to your situation, it is best to consult a qualified family lawyer in the Philippines.