How can moms claim child support in the Philippines?
For a lot of single moms, one of the biggest hurdles is dealing with finances. That's why it's important to know how to get child support in the Philippines.
It’s no secret that being a single mom isn’t easy. Not only do you have to take up the responsibility of taking care of your child, but you also have to provide for their daily needs. Did you know, that as a single mom, you can claim child support in the Philippines?
Knowing how to claim child support in the Philippines is important, since not all single moms are always able to support their children financially.
How Does Child Support Agreement in the Philippines Work?
In the Philippines, solo parents are able to legally ask for financial support for their children.
Under Republic Act 193 to 222 of the Family Code, there is a list of the responsibilities of parents, as well as who they are responsible for.
In the Philippine Law, if the parents were separated, children below 7 years old must be on mother’s custody no matter what happen. And under these, both legitimate and illegitimate children are entitled to support until age 18. What this means is that regardless of whether the parents are married or not, they still have a responsibility to support their child.
How Can Single Parents Claim Child Support Agreement in the Philippines?
Child support for your kid is under the Family Code of the Philippines (1988). If you need to claim child support, here are some important things to remember:
1. Even if the Parents Are No Longer Together, Children Are Still Entitled to Child Support
What this means is that a father cannot simply shirk away from his responsibility to his child. It also applies regardless of whether or not the parents were married. This means that if a man gets a woman pregnant, and then leaves the woman and his child, the woman can legally demand for support.
2. You Can Legally Demand Child Support for Your Child
If for any reason, your child isn’t receiving the support that they need, you can legally demand for child support.
You can go about this by opting to seek legal assistance either from a lawyer, which can entail huge legal fees. Or you could take advantage of government agencies such as PAO (Public Attorney’s Office), the DOJ (Department of Justice) as well as from DSWD (Department of Social Welfare and Development)
Once you file a case, a protection order for your children will be issued. This means that the children will be required to stay with the mother during the duration of the case.
The case will be filed in the RTC (Regional Trial Court) which also serves as the Family Court.
3. Legitimate and illegitimate child
Both legitimate and illegitimate child will have a support according to the capacity of the father. Including clothing, education, food and transportation.
3. Physical abuse and violence
If there is a present physical abuse and violence, and proven that the protection of the child is at risk, the child must be in the custody of the mother and a protection order will be issued.
What Documents Do You Need?
If you’re trying to claim child support, make sure to have the following documents and requirements were ready in order to make the process much easier:
- PSA birth certificate/s of your child, or children.
- PSA marriage certificate if you were married.
- List of receipts and expenditures related to the child
- List of properties and proof such as titles, bank accounts, etc. of the other spouse
- Brief list of your ex-partner’s income
Remember, the evidence that proves your child’s support is very crucial and important. A lot of reliable evidence, the better.
It’s important to know that it won’t be a quick process, and it can sometimes be a very difficult and complicated situation for both you and your child. However, it will really benefit your child if you are able to finally receive the support that your child deserves.
Here at theAsianparent Philippines, it’s important for us to give information that is correct, significant, and timely. But this doesn’t serve as a resource article for anyone seeking legal advice. The information written in this article is only a guide.
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