The Short Answer
The law sets no fixed amount or percentage. Under the Family Code, support is in proportion to the resources of the parent who gives it and the needs of the child, and it goes up or down as these change. Both parents share the duty. A child born outside marriage has the same right to support from the father once he is shown to be the father.
Example: An OFW Father in Riyadh
Names and details in this example are made up.
Jenny Santos lives in Barangay Pallocan, Batangas City, with her son Miguel, who is six and in Grade 1. Miguel's father is Mark Bautista. They were never married. Mark signed Miguel's Birth Certificate, and Miguel uses his surname. Mark now works in Riyadh as an electrician. Jenny believes he earns about ₱70,000 a month. He sent money now and then, then stopped in January 2026.
Step 1: list what Miguel needs. Jenny writes down Miguel's actual monthly costs and keeps the receipts:
| Expense | Per Month |
|---|---|
| Food and milk | ₱6,000 |
| Share in rent and electricity | ₱3,000 |
| School: tuition installment, supplies, projects | ₱3,500 |
| Tricycle to and from school | ₱1,200 |
| Check-ups, vitamins, medicine | ₱1,000 |
| Clothes and shoes, averaged | ₱800 |
| Total | ₱15,500 |
Step 2: weigh both parents' means. Jenny works at a store in Batangas City and earns about ₱14,000 a month. Both parents must support Miguel, in proportion to what each can give (Family Code, Art. 200). Mark earns far more, so it is fair for him to carry the larger part. Jenny asks Mark for ₱12,000 a month, and she explains how she got there. The figure comes from Miguel's needs and the parents' means, not from a percentage in the law. The ₱12,000 is only an arithmetic illustration, not a standard or recommended amount: support is always set case by case, on the child's needs and the parents' means (Family Code Arts. 194 and 201).
Step 3: put it in writing. Support is paid only from the date it is demanded (Art. 203). Jenny sends Mark a dated Demand Letter by email and Messenger, and a copy by registered mail to his parents' address in Lipa, where he stays when he is home. She keeps proof that he received it. If he ignores it, she can file a petition for support in the Family Court, or a complaint under RA 9262 for economic abuse, and ask the court for support while the case is pending.
What a court might do. A judge is not bound by Jenny's figure or by Mark's. The judge looks at the evidence of Miguel's needs and of Mark's income, such as his Employment Contract, and sets the amount. It can be raised later, for example when Miguel enters high school.
What Support Covers
Article 194 of the Family Code defines support as everything indispensable (truly needed) for:
- food;
- a place to live;
- clothing;
- medical care;
- education, including schooling or training for a profession, trade or vocation, even beyond the age of majority (when the child is already an adult);
- transportation, including going to and from school.
All of this is "in keeping with the financial capacity of the family". A child of a well-off parent may ask for more than the bare minimum.
How the Amount Is Set
- No fixed formula. Support is in proportion to the resources or means of the giver and the necessities of the recipient (Art. 201).
- It changes. The amount is reduced or increased as the child's needs and the parent's resources change (Art. 202). A new school level, an illness, a job loss or a promotion can all justify a change.
- Both parents share it. When two or more must give support, it is divided in proportion to each one's resources (Art. 200).
- Paid monthly, in advance. Payment is made within the first five days of each month (Art. 203).
- Grandparents may be asked. If the parents cannot give support, the obligation passes to others in the order in Article 199, such as the grandparents.
The more you can show, the better. Receipts, school assessments, medical records and proof of the other parent's income or lifestyle all help.
Children Born Outside Marriage
Article 195 includes parents and their illegitimate children (children born outside marriage) among those who must support each other. A father who never married the mother still owes support.
What matters is that the child's filiation (who the child's parent is, in law) is established: for example, the father signed the Birth Certificate, signed an affidavit admitting paternity, or wrote and signed a document admitting it. If he denies the child and never acknowledged them, paternity must first be proven in court. See using the father's surname for how acknowledgment works.
Ways to Ask
- Write a demand. Support is owed from the time it is needed, but it is paid only from the date of a judicial or extrajudicial demand (a demand made in court, or outside court such as by letter) (Art. 203). A dated letter, with proof it was received, starts that date. Use the Demand Letter template.
- Agree in writing. Parents may agree on an amount and when it is paid. But the right to future support cannot be waived, so an agreement that turns out too low can be revisited.
- File a petition for support. This is filed in the Family Court. While the case is pending, the court can order temporary support. You will need a lawyer; the Public Attorney's Office (PAO) helps people who qualify.
- If there is abuse, use RA 9262. Under Republic Act No. 9262 (RA 9262), the Anti-Violence Against Women and Their Children Act, depriving a woman or her child of financial support legally due them is economic abuse. A court Protection Order can direct the father to give support, and the court can order his employer to remit (send) part of his pay directly to the mother. See Protection Orders.
For the steps and papers, see child support: who must give it and how to ask.
Common Questions
Totoo bang 20% ng Sweldo ang Sustento?
No. There is no percentage in the Family Code. The amount depends on the child's needs and the paying parent's means. A percentage can be a starting point when parents talk, but a court looks at the evidence, not a fixed rate.
Hindi Kami Kasal. May Obligasyon pa rin ba Siyang Magbigay?
Yes. Parents must support their illegitimate children too (Family Code, Art. 195). If he acknowledged the child, for example by signing the Birth Certificate, you can ask right away. If he never did and denies the child, paternity has to be proven first.
Can I Collect Support for the Years He Did Not Give Anything?
Support is paid only from the date of a judicial or extrajudicial demand (Art. 203). Months before your first written demand are generally not collectible. That is why you should send a dated, written demand as early as possible.
He Says He Has No Job. Does He Still Have to Give?
Support is in proportion to his means, so it may be lower while he has no income. It does not disappear. It can be increased once he has work again (Art. 202). If he hides income or property, evidence of his lifestyle, business or assets can help show his real means.
Can He Stop Giving Support If I Do Not Let Him See Our Child?
No. Support is the child's right, and it does not depend on visits. Questions about custody and visits are separate, and the court decides them based on the best interests of the child.
Not legal advice. This is general information. For advice on your own situation, consult a lawyer. If you cannot afford one, the Public Attorney's Office (PAO) or an IBP legal aid office may help for free.
Government fees, rules and requirements change, so always check with the office concerned before you go. This page explains the general rules; it cannot tell you how they apply to your own family or case. Last reviewed October 8, 2026.