Support Matters: Understanding Child Support in the Philippines

In the Philippines, child support is not merely a moral obligation, it is a legal duty enshrined in the Family Code, requiring both parents to contribute to the upbringing of their child. Regardless of whether the parents are married, separated, divorced, or were never in a relationship, the law makes it clear-every child has the right to be supported by their parents.

The Family Code provides that child support must cover everything indispensable for the child’s sustenance, such as food, shelter, clothing, medical care, education, and even transportation. Note that support is not limited to cash. It can include contributions in kind, as long as these are essential to the child’s well-being and development.

Children eligible for support include legitimate, illegitimate, and adopted children. Regardless of the child’s status, the obligation to support remains.

The law does not prescribe a fixed amount for child support. It is determined based on two main factors: a.) the needs of the child; and b.) the financial capacity of the parent. According to Article 201 of the Family Code, support must be proportionate to the parent’s resources and the child’s needs. The courts also take into account the child’s standard of living before the parents’ separation, ensuring a fair and balanced assessment.

When a parent fails to comply with a court order for support, the law offers various remedies. One such measure is contempt of court, which may lead to fines or imprisonment. The court can also issue a writ of execution, which can be used to enforce payment. Additionally, wage garnishment or income withholding may be imposed, allowing employers to deduct the support amount directly from the non-compliant parent’s salary and remit it to the custodial parent or guardian.

If a parent persistently and willfully refuses to provide child support, more serious legal action may be taken. Under Republic Act No. 9262, also known as the Anti-Violence Against Women and Their Children Act of 2004 (VAWC), economic abuse is recognized as a form of violence. The law empowers custodial parents to file criminal complaints if the denial of support is deemed to be financially abusive. Conviction under this act may result in criminal penalties, including imprisonment.

Child support is a right of the child rather than a privilege that can be negotiated away by either parent. Any informal or private agreements that do not fulfill the child’s fundamental needs are required to undergo court approval to ensure that they serve the best interests of the child. The courts consistently prioritize the well-being of the child above the convenience or agreement of the parents.