Support from Partner - Philippines

Question: What are my legal recourse if my partner does not give financial support for his children?

Answer:

Financial support for children is a critical aspect of family law in the Philippines. Below are some questions and answers that can help guide you in the event that your partner fails to provide for his children.

What is Child Support?

Child support is the financial assistance given for the child's basic needs, including but not limited to education, health, sustenance, dwelling, and transportation, in line with the financial capability of the family.

Is My Partner Legally Required to Provide Financial Support?

Yes, under Philippine law, both parents are obliged to support their children. This obligation extends until the child reaches the age of majority (18), or longer if the child is incapable of self-support.

What Can I Do if My Partner Fails to Provide Support?

1. Demand Letter: Initially, you can send a formal demand letter requiring the partner to provide support.
2. Legal Counselling: Consult with a family lawyer to explore your legal options.
3. File a Case: You may file a case for support under the Family Code of the Philippines.

What Evidence Do I Need?

Keep all records of communication where you've asked for financial support and received no response or inadequate support. Bills, educational expenses, and medical records can also serve as evidence.

Can the Court Force My Partner to Pay?

Yes, the court can issue an order requiring your partner to provide financial support. Failure to comply with the court order can result in legal consequences.

What if My Partner is Abroad?

Philippine laws can apply extraterritorially, and legal remedies are available even if the partner is residing abroad.

What If He Still Doesn't Pay After the Court Order?

Contempt of court, garnishment of wages, or even imprisonment are some of the legal remedies available to enforce the court's decision.

Conclusion:

Financial support is both a legal and moral obligation. Legal means are available to compel a non-supportive partner to fulfill this duty. Consult a family lawyer to tailor-fit the best legal action for your situation.