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. Milk, diapers, medicines, clothes, and other necessities. Soon enough, you’ll begin to worry about tuition fees and other school expenses. As a single mom, it can really be a lot on your plate. But did you know that you can claim child support in the Philippines?
Help, no matter how little or great it is, still helps. So it’s important to know how to claim child support in the Philippines. Since not all single moms are always able to support their children financially, it is best to know the following about child support law Philippines.
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Child support Philippines
How to file a case for child support in the Philippines?
1. How Does Child Support Agreement Philippines Work?
Child support agreement in the Philippines | Image from Freepik
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 Philippine Law, if the parents are separated, children below 7 years old must be in the mother’s custody no matter what happens. 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 children.
2. What does a child support agreement in the Philippines include?
Art 194 of the Family Code says that:
“Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation in keeping with the financial capacity of the family.”
Even after reaching the age of majority, the education of the individual entitled to support referred to in the preceding paragraph shall include his schooling or training for some profession, trade, or vocation. Transportation costs should include the cost of getting to and from school or a job.
3. Who is entitled for child support in the Philippines?
Art 195 of the Family code provides that:
“Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;
(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and
(5) Legitimate brothers and sisters, whether of full or half-blood (291a)”
4. What if the father refuses to acknowledge the child involved?
There are a lot of cases where children are born but their parents are not married or in a relationship. Worse, there may be instances where the father would refuse to acknowledge the child.
If the father refuses to recognize the child, a DNA test can be ordered, and the parent’s obligations and duties will be applied upon production of written proofs: both the DNA result and the support demand letter.
5. What happens if the father does not comply with the child support order?
The Philippine government penalizes those fathers who refuse or do not provide financial assistance. Failure to comply, as well as withholding custody, will be penalized under the law, as they both violate R.A. 9262, the Violence Against Women and Children Act.
According to RA 9262, Section 5:
“Depriving or threatening to deprive the woman or her children of financial support legally due to her or her family, or deliberately providing the woman’s children insufficient financial support.”
Furthermore, Section 6 (c) discusses the penalty as a prison correctional or jail sentence. A person who deprives a lady or her children of financial support will be sentenced to 6 years in prison under this law.
6. How can single parents claim Child Support Agreement in the Philippines?
Child support agreement in the Philippines | Image from Unsplash
Child support for your kid is under the Family Code of the Philippines (1988). If you need to claim child support in the Philippines, 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 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 children will have support according to the capacity of the father. Including clothing, education, food, and transportation.
4. 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.
Child support agreement in the Philippines | Image from Freepik
7. What documents do you need based on child support law Philippines?
If you’re trying to claim child support in the Philippines, make sure to have the following documents and requirements 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
- A 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.
8. How much will I spend on a child support agreement the Philippines?
The cost of the child support order will depend on you and your ex-partner’s agreement. As long as you and your ex-partner are unable to reach an agreement, your case will grow more complicated and costly.
However, normal costs would include the following:
- Acceptance fee (varies depending on the lawyer and the level of complexity of the case)
- Court fees
- Document processing fees such as notarization of documents, postal service
- Pleading fees (depending on each written submission on the court)
- Court appearance fees (depending on each appearance in court)
Image from Shutterstock
9. The Philippines child support calculator: How much should be paid?
How much is the percentage of child support in the Philippines?
You might believe that there is just a Philippines child support calculator that can help you figure out how much help your child will need from its father, however, the amount of assistance varies in some cases.
How much is the percentage of child support in the Philippines?
The amount of child support must be proportional to the giver’s resources or means and the recipient’s needs.
Support can be lowered or raised proportionately in response to changes in the recipient’s needs and the resources or means available to the person obligated to provide it.
As a result, a support order is always subject to change and is never definitive. A support petition is never put to rest.
While all these discussions and processes are at work, it would be helpful to have a list of expenses your child has for his or her daily needs, clothing, health, education, and transportation.
10. Child support in the Philippines: how can we receive it?
Once the support order is final, you might think that the child support will automatically be transferred to you. Unfortunately, the law does not provide a uniform system where child support should be paid.
Child support can be given in the following options:
- You might be able to have support deducted from his paycheck.
- You might be able to get support if you seek the court to seize his assets, such as his vehicles or other valuables.
On a positive note, the court order that you have will help you guarantee that the court’s judgment is followed through and that you will be able to get financial support for your child.
Knowing how the child support law Philippines works is important for you to get the help your child needs and deserves. If you have any questions or specific issues concerned about, contact your lawyer or your public attorney’s office. He or she will surely help you through the process.
How to file a case for child support in the Philippines?
Child support Philippines
If the father refuses to pay child support despite having income sources, you can contact the Department of Social Welfare and Development (DSWD). The DSWD will send a letter requesting child support from them. If not, the DSWD will present it to the court and delegate control to the Public Attorney’s Office (PAO). Additionally, the Integrated Bar of the Philippines (IBP) can assist in lawsuit filing.
In addition, according to lawyersphilippines.org, if you can prove the child’s paternity and can hire a lawyer to help you with this, you can file a lawsuit for child support in the Philippines.
After approaching the other parent to discuss an Agreement or payment and they balked, you might need to initiate a case. Or if they claimed they lacked the resources to support the child or even denied paternity.
You should file a case for child support in the location where one of the spouses resides.
After the lawsuit is filed, the court will send your ex-partner a Notice and a complete copy of the Petition, instructing him or her to provide arguments as to why the Petition should not be granted.
Photo by Juan Pablo Serrano Arenas from Pexels
Child support agreement Philippines
In Article 195 of the Family Code of the Philippines Child support, those who are required to assist one another are listed:
- The Spouses;
- Legitimate Ascendants and Descendants;
- Parents and their Legitimate children and the Legitimate and Illegitimate children of the latter;
- Parents and their Illegitimate children and the Legitimate and Illegitimate children of the latter; and
- Legitimate brothers and sisters, whether of full or half-blood
Child support laws if not married in the Philippines
Child support agreement Philippines
You may be worrying if you can ask a child support if you aren’t married to your ex-partner. Mommy or daddy, child support should also be given to a child even you are not married.
According to the law, support is a duty from both parents, regardless of whether the child is legitimate or not.
The law specifically states that this support should extend past the Age of Majority and should include education or professional training. Although the Age of Majority in the Philippines is 18, the duty to assist a kid does not immediately end at that age.
Even when a child becomes 18, parents may still be required to offer support, especially for further college education. However, you might need to file a legal lawsuit if you intend to pursue child support once your child has turned 18. Through a legal proceeding, you can compel the father to pay child support.
Remember, Mommy and daddy, whatever happens to your relationship, supporting your children’s needs is your responsibility as parents. We should not forget to give them the rights they deserve.
Additional information written by Jobelle Macayan
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.