Child Support: Who Must Give It and How to Ask

Who Must Give Support

Both parents must support their child. Article 195 of the Family Code lists who must support each other. These include:

• spouses;
• parents and their legitimate children (born to married parents), and the children of those children;
• parents and their illegitimate children (born to parents who were not married to each other), and the children of those children;
• legitimate ascendants and descendants (relatives in a direct line above and below you, for example grandparents and grandchildren);
• brothers and sisters, with some limits.

So a father who was never married to the mother still owes support to his child. What matters is that the child's filiation (who the parent is) is established, for example through the father's signature on the Birth Certificate or a written admission. If the father denies the child, it must first be proven in court that he is the father.

When several people are bound to give support, Article 199 sets the order: the spouse, then descendants (children, grandchildren), then ascendants (parents, grandparents), then siblings. Grandparents may be asked to help when the parents cannot.

What Support Covers

Article 194 defines support as everything truly needed for:

• sustenance (food);
• dwelling (a place to live);
• clothing;
• medical care;
• education, which includes schooling or training for a profession, trade or vocation, even after the child turns 18 (the age of majority);
• transportation, including going to and from school.

All of this is "in keeping with the financial capacity of the family", meaning based on what the family can afford. A child of a well-off parent has a right to more than the bare minimum.

How Much

The law sets no fixed amount or percentage. Article 201 says support depends on what the giver can afford (their resources or means) and what the child needs (the necessities of the recipient). Article 202 says it is reduced or increased as those change, for example if the child starts school, falls ill, or the parent loses or gets a job.

Both parents share the duty. When more than one person must give support, Article 200 divides it based on what each one can afford.

Article 204 lets the parent who gives support choose to pay a fixed allowance or to take the child into their home, but not where there is a moral or legal reason against it, such as where the child should stay with the other parent.

Under Article 203, payment is made within the first five days of each month. Support already paid in advance does not have to be returned if the child dies.

How to Ask for Support

1. Ask in writing. Article 203 says support can be asked for from the time the child needs it, but it is paid only from the date of judicial or extrajudicial demand (from when you asked in court, or formally outside court, such as by letter). A dated letter that you can prove was received starts that date. State the child's needs and the amount you are asking for, with receipts for school, medical and other costs. See Demand Letters.

2. Try to agree. Parents can agree on an amount and how it is paid, and put it in writing. Some parents work this out with help at the barangay. Keep in mind that the right to future support cannot be given up (waived) by agreement, so any deal can be revisited if it is not enough.

3. File a petition in court. If the parent refuses, a petition for support can be filed in the Family Court (the Regional Trial Court assigned to family cases). While the case is going on, the court can order support pendente lite, meaning temporary support during the case. This is a court case, so you will need a lawyer. The Public Attorney's Office (PAO) gives free help to people who qualify.

4. If there is abuse, ask for a Protection Order. See the next section.

Support and RA 9262 (Violence Against Women and Children)

Republic Act No. 9262 (RA 9262), the Anti-Violence Against Women and Their Children Act, counts economic abuse as a form of violence. Section 5(e) includes taking away, or threatening to take away, the financial support the law says is due to the woman or her children. This applies where the man is or was the woman's husband or partner, or is the father of her child.

A Protection Order under RA 9262 can direct the man to give support to the woman and her child. The court may also order his employer to take part of his pay and send it directly to the woman.

See Protection Orders for how to apply. Withholding support under RA 9262 is also a crime, and a complaint can be filed with the police, the barangay VAWC desk (the desk for violence against women and children) or the prosecutor.