Practical legal information for the Philippines. This is not a substitute for advice from your own counsel.

1) What “support” legally means

Under the Family Code, “support” covers everything indispensable for life, including food, clothing, shelter, medical/dental care, and education and transportation, with education understood broadly (tuition, books, school fees, devices reasonably needed, and until training for a profession is completed). Support is reciprocal in certain relationships and is based on two axes:

the needs of the person entitled; and
the means (capacity) of the person obliged.

Support is demandable from the time it is needed, but amounts are adjustable as needs and means change.

2) Who owes support (priority & sharing)

Persons obliged to support one another include:

Parents to their children (legitimate or illegitimate);
Children to their parents (if the latter need it);
Spouses to each other;
Ascendants and descendants (grandparents ↔ grandchildren), in the absence or insufficiency of those closer in line;
Brothers and sisters (in narrow circumstances).

Priority & proportion. The parents come first for a child. If one parent cannot shoulder support fully, the other shares proportionately to means. If both are unable, ascendants may be reached in order of proximity (e.g., grandparents), again pro rata to their resources.

3) Where and how cases are filed

Court: Family Court (a designated RTC) has exclusive original jurisdiction over petitions for support (including initial fixation, increase/decrease, or enforcement of arrears).
Venue: Generally where the child (through the mother/guardian) resides.
Parties: The child is the petitioner (represented if a minor); the parent from whom support is sought is the respondent.
Pleadings: Petition with verification and certification of non-forum shopping, plus a Needs & Budget Matrix and proof of filiation.

Provisional relief: You may ask for support pendente lite (temporary support while the case is pending). Courts can grant this on affidavits and receipts—even before full trial—because support is for subsistence and cannot await a lengthy trial.

4) Proof of filiation (when disputed)

Civil registry documents (birth certificate listing the father; acknowledgement/affidavit).
Public/private writings, photos, messages, remittance slips acknowledging child or paternity.
DNA testing (courts may order or infer from refusal).
Possession of status of a child (consistent public behavior treating the child as one’s own).

Filiation determines duty; once established, the inquiry shifts to amount.

5) How courts calculate child support (there is no fixed percentage table)

A. No statutory “10%/20%” rule

The Philippines does not have a statutory percentage table for child support. Any “rule of thumb” you hear is myth. Judges fix support based on evidence.

B. Dual test: needs vs. means

Needs of the child:
- Food (monthly groceries or meal plan),
- Housing (share of rent/amortization & utilities),
- Clothing & personal care,
- Education (tuition, books, uniforms, devices, internet, school service),
- Healthcare (HMO premiums, checkups, meds),
- Transportation, reasonable recreation, and contingencies. Courts prefer receipts, school assessments, medical records, lease contracts, and a line-item budget.
Means of the parent:
- Payslips, ITRs, bank statements, business permits, audited FS, lifestyle evidence, property titles, car registrations, and public postings consistent with income.
- If income is informal or obscured, courts draw reasonable inferences and may set support at a conservative but realistic level, with a built-in review clause.

C. Typical outcomes

Base monthly support for the child (a peso amount), plus
Share in specific big-ticket items (e.g., X% of tuition and matriculation when billed), or
In-kind undertakings (e.g., keep the child on HMO, shoulder school bus).

D. Adjustments

Support is modifiable upon substantial change of circumstances (e.g., job loss, promotion, new school fees, medical conditions). Either party may move for increase/decrease with updated proof.

6) Timing, arrears, and interest

When support starts: Legally due from demand, but judicial awards commonly run from filing (or from the date specified by the order for pendente lite).
Arrears: Unpaid support installments become a money judgment once fixed; courts may impose legal interest on arrears (commonly from judicial demand or from finality, depending on framing).
Retroactivity: Courts avoid large retroactive sums absent clear proof and fairness; better to seek pendente lite early to avoid arrear build-up.

7) Modes of payment the court may order

Direct bank transfer to caregiver with monthly due dates;
Salary deduction/garnishment (served on employer);
In-kind (e.g., direct payment to school or HMO) plus a cash stipend;
Security (bond) to ensure compliance in volatile cases;
Escrow arrangements for arrears or large periodic items (tuition).

8) Enforcement tools when the payor fails to comply

Writ of Execution & Garnishment
- Enforce against bank accounts, wages/commissions, receivables, and personal property.
- Employers and banks served with writs must comply; non-compliance risks contempt.
- Wages for support are generally subject to garnishment (support enjoys special protection over ordinary debt).
Indirect Contempt
- Willful disobedience of a support order can lead to fines or jail until compliance; courts often pair this with a purge plan (pay X now, Y monthly).
Protection Orders (RA 9262)
- If the mother is an intimate partner and there is economic abuse (withholding support), Barangay/Temporary/Permanent Protection Orders can direct support and are criminally enforceable upon violation.
Receivership / Levy (rare, but possible)
- For business owners who evade payment, courts can reach dividends, rentals, and receivables.
Travel & asset measures (case-dependent)
- Courts may condition lifting of certain provisional restrictions upon compliance (case-specific; not an automatic “hold departure order” in civil support).
Judgment on Compromise
- If parties settle in court, the compromise becomes a judgment immediately executory; breach is enforced like any judgment.

9) Special situations

A. Father’s address unknown / evasive

Build a record of diligent search and seek leave for special service (electronic/publication) so the court acquires jurisdiction.
After valid service, you may obtain pendente lite support and proceed ex parte if there’s no answer.

B. Parent working overseas

Show remittance capacity (employment contract, payslips, POEA/agency docs).
Garnish local assets/receivables and Philippine bank accounts; coordinate with employer if it has a Philippine presence.
Foreign enforcement: Foreign judgments for support may be recognized in Philippine courts through an action for recognition/enforcement; the Philippines is not a party to the Hague Child Support Convention, so expect additional steps.

C. Multiple children / households

The obligor’s total capacity is allocated equitably across all dependents. Hiding new dependents to dilute support can be challenged; the child before the court cannot be left with token support.

D. Illegitimate children

Entitled to support on the same need–means basis. Issues like surname or custody do not erase the duty to support.

E. Direct payments to the child

For minors, payments should go to the custodial parent/guardian or directly to schools/HMOs. Direct handouts to a minor rarely count unless documented and authorized.

10) Practical evidence pack (for both sides)

For the child/caregiver

School assessment/billing; receipts for tuition, books, uniforms; internet bills; device receipts;
Lease/utility bills; grocery logs; transport pass; medical records/HMO;
A 12-month Needs Matrix (line-item with typical receipts to anchor amounts).

For the payor

Payslips/ITR; proof of other dependents; debt obligations; proof of in-kind payments (school receipts issued under your name);
If income dropped: separation notice, business closure docs, medical incapacity proof.

11) A simple, court-friendly Needs & Means framework

Step 1 — Build the child’s budget (monthly):

Food: ₱____
Housing share (rent/mortgage + utilities): ₱____
Education (amortized monthly): ₱____
Transportation: ₱____
Healthcare/HMO/meds: ₱____
Clothing/personal care: ₱____
Reasonable recreation/misc: ₱____ Subtotal: ₱____

Step 2 — Establish the payor’s means:

Net monthly income (or conservative estimate): ₱____
Mandatory deductions & reasonable obligations (other dependents, loans tied to basic subsistence): ₱____
Support headroom: ₱____

Step 3 — Propose a structure:

Base monthly cash: ₱____ (covers food/housing share/misc)
Direct pay: 100% of school/HMO as billed; proof to be shared within 5 days of payment
Escalator / review: Annual CPI or school fee increases; mandatory review every 12 months or upon material change

12) Sample provisions (for guidance only)

Order for pendente lite support (excerpt)

“Respondent shall pay ₱____ per month, every 30th of the month, starting [date], to [bank details] for the child’s base support, and shall directly pay 100% of [School] tuition and fees within 5 days of billing. The parties shall exchange school/HMO bills and receipts via email within 48 hours of receipt. This order is without prejudice to final adjudication.”

Payroll deduction / garnishment (excerpt)

“Upon service of this Order, [Employer] shall remit ₱____ per month from Respondent’s net pay to [bank details] and transmit proof of remittance to the Court and Petitioner within 5 days. This shall continue until further order. Failure to comply may be punished as indirect contempt.”

Review & adjustment clause

“Support shall be reviewed every 12 months, or earlier upon showing of a material change in the child’s needs or Respondent’s means, with provisional adjustment if school fees increase by ≥10%.”

13) Settlement and mediation

Family courts typically refer support cases to court-annexed mediation or judicial dispute resolution. A written, notarized settlement approved by the court becomes a judgment on compromise—immediately executory. Parties often prefer this to avoid trial and to lock in automatic salary deductions and direct-to-school payments.

14) Taxes & money handling

Support is not income to the child/caregiver for income-tax purposes.
Payors cannot deduct child support from their taxable income.
Use traceable channels (bank transfers with reference to the case number). Cash is strongly discouraged unless receipted.

15) Common pitfalls (and how to avoid them)

Relying on “percentage myths.” Always file a Needs & Means package.
Paying the wrong person or in cash without receipts. Use the channel ordered by the court.
Letting arrears balloon. Seek pendente lite early; move for clarificatory orders if bills spike.
Non-compliance with proof exchange. Courts react badly to stonewalling; it fuels contempt and adverse inferences.
Hiding income. Judges can impute income from lifestyle, assets, or industry pay bands.

16) Quick roadmaps

If you’re seeking support

Prepare filiation proofs and a 12-month budget with receipts.
File petition in the Family Court of your residence; apply for support pendente lite.
Seek salary deduction/direct-to-school orders and periodic review.

If you’re the payor

Do not ignore summons; voluntary appearance allows reasonable proposals.
Offer a structured plan you can keep (base + direct school/HMO).
Maintain proof of payment; if income changes, promptly file for modification, not self-help reduction.

Bottom line

Child support in the Philippines rests on evidence, not fixed percentages: the child’s needs balanced against the payor’s means, with flexibility to adjust as life changes. Enforcement is robust—garnishment, contempt, direct pay orders, and VAWC protection where applicable—so the winning strategy is a clear, documented plan that puts the child first and can stand up in court.