Child Support Case Against a Non-Married Father in the Philippines: How to File and How to Compute

This comprehensive guide explains the rights of a child and the duties of parents, how to prove paternity, practical filing routes (barangay, civil, and criminal/economic-abuse angles), interim and final support, enforcement, and realistic ways to compute support consistent with Philippine law and courtroom practice.

1) Core legal ideas you need to know

What “support” legally includes. Support covers everything indispensable for a child’s life and development: food, housing, utilities, clothing, medical/dental care, education (tuition, books, fees, devices), transportation, and other similar needs. Courts commonly add “extraordinary expenses” (e.g., major medical procedures, enrollment fees, school trips) on top of a fixed monthly amount.

Who owes support. Both parents owe support to their child—legitimate or illegitimate—based on two variables:

the child’s reasonable needs; and
each parent’s actual means (income/financial capacity). Support is proportionate to the parents’ means; it is not automatically 50/50.

When support starts and adjusts. Support is due from the time the child needs it and becomes payable from the date of judicial or extra-judicial demand (e.g., a formal demand letter, barangay complaint, or court filing). The amount can be increased or decreased if needs or means change (e.g., new school year, medical condition, job loss, promotion).

Support cannot be waived prospectively. Future support cannot be sold, assigned, or waived. Arrears (overdue amounts) may be collected; courts differ on how far back they will award depending on the proof of demand and evidence of capacity.

2) Proving paternity and filiation (crucial if the father is non-married)

You can obtain child support even if the parents are not married. The key is filiation—legally proving the man is the father.

Common proofs of filiation:

PSA Birth Certificate indicating the father and signed/acknowledged by him;
Public instrument or notarized admission (e.g., acknowledgment document, Affidavit of Acknowledgment/Admission of Paternity);
Open and continuous possession of status as his child (father consistently presented the child as his, supported, lived with, used father’s surname, photos, messages, school records listing him as father);
DNA evidence (highly persuasive where the father contests paternity);
Private writings (letters, chats, remittance slips) showing acknowledgment.

Tip: If the child does not yet carry the father’s surname, you can still pursue support. Using the father’s surname via acknowledgment (e.g., RA 9255 process) is helpful but not a prerequisite to claim support.

3) Pre-litigation options (fastest path if the father is cooperative)

A. Direct negotiation + formal demand letter Send a dated demand letter specifying: (1) the child’s details; (2) a breakdown of monthly needs; (3) proposed monthly support and sharing of extraordinary expenses; (4) the bank or e-wallet details and due date each month. Keep proof of sending/receipt (registered mail, courier, email with read-receipt, or messaging app screenshots).

B. Barangay Conciliation (Katarungang Pambarangay) If you and the father live in the same city/municipality, barangay mediation is usually required before filing a case in court (unless an exception applies, e.g., parties live in different cities, urgent relief needed, or the matter is otherwise exempt). Bring your budget and proof of paternity. A settlement can be reduced to Kasunduan enforceable by the barangay and later by the courts if breached.

C. Protection Orders for economic abuse (when applicable) If there is or was a dating relationship or intimate relationship (or cohabitation) and the father’s refusal to provide support amounts to economic abuse, you may seek a Barangay/Temporary/Protection Order requiring support. This can be an efficient parallel/alternative path to secure immediate financial relief.

4) Court filing roadmap (Family Court action for support)

Where to file (venue). File in the Family Court (Regional Trial Court designated as such) where you or the child resides or where the father resides—choose what is practical and strategic.

What to file.

Petition/Complaint for Support (a simple civil action). If paternity is disputed, include a prayer to establish filiation and, if needed, a motion for DNA testing.
Motion for Support Pendente Lite (interim support while the case is pending). Attach sworn budget, receipts, school billing, medical records, and proof of father’s means.

Essential attachments and evidence.

Proof of paternity/filiation (see §2);
Child’s monthly budget with receipts (tuition assessments, enrollment forms, prescriptions, grocery/diaper/transport tallies, rental share, utilities);
Proof of each parent’s income/means (pay slips, ITR/2316, COE, bank statements, business permits, GCash/PayMaya logs, proof of assets/vehicles);
Proof of prior demand (barangay complaint, demand letters, settlement drafts, chat logs).

Interim orders (pendente lite). Courts commonly grant a fixed monthly temporary support plus a rule that the father shares extraordinary expenses as they arise (often 50% unless evidence supports a different split).

Final judgment. Typically sets:

a fixed monthly support (cash), sometimes with in-kind items (e.g., direct payment of tuition/medical insurance);
sharing of extraordinary expenses (by percentage);
automatic adjustments (e.g., upon tuition increases) or a right to move for modification when means/needs change.

5) Real-world computation of child support

There is no fixed percentage in the law. Courts balance Needs vs. Means. Use this practical, court-friendly approach:

Step 1: Build a child-specific monthly budget

Break down monthly and annualized items (annual items divided by 12):

Food (at home + school), water, electricity (child’s share), internet (child’s school share)
Housing (child’s share of rent/mortgage)
Clothing and personal care
Education: tuition, books, uniforms, supplies, gadgets, school fees, tutorials
Medical: HMO/PhilHealth top-ups, vaccinations, maintenance meds, dental
Transportation: school/work commutes, Grab/PUV
Childcare: yaya/daycare
Contingency: 5–10% buffer for inflation/special school activities

Document each item with receipts, tuition assessments, prescriptions, or at least price screenshots/quotations. Courts appreciate specificity.

Step 2: Determine each parent’s financial capacity

Compute reliable net income (gross minus taxes and mandatory deductions) plus typical bonuses/commissions. Consider other dependents. Capacity can also be inferred from lifestyle evidence (car, travel, business ownership) when payslips are incomplete.

Step 3: Apportion fairly (rule of proportionality)

A simple and persuasive formula:

Father’s Share (₱/month) =
   (Child’s Monthly Needs) × (Father’s Net Income)
   ----------------------------------------------
       (Father’s Net Income + Mother’s Net Income)

Example:

Child’s documented needs: ₱22,000/month
Father’s reliable net income: ₱60,000
Mother’s reliable net income: ₱30,000

Father’s share ≈ 22,000 × 60,000 / (60,000 + 30,000) = ₱14,667/month Mother’s share ≈ ₱7,333/month

If one parent has minimal income, courts may push the higher-earning parent closer to the full amount, subject to proof.

Step 4: Extraordinary expenses

On top of the monthly amount, propose 50%–100% sharing (depending on capacities) for:

major medical or dental procedures;
enrollment/tuition increases;
school device replacement;
school trips/competitions.

Step 5: Indexing & transparency

Ask for school-year-based adjustments (tuition hikes) and medical inflation; or a right to recompute annually.
Require official receipts and bank/e-wallet payments for traceability.

6) Practical evidence kit (what to gather now)

PSA Birth Certificate, acknowledgment documents;
Demand letters, barangay papers, chat/email threads;
Child’s budget spreadsheet with receipts/assessments;
Pay slips/ITR/COE or business docs of both parents;
Bank/e-wallet histories, remittance slips;
Medical records, HMO bills;
Photos, affidavits from teachers/relatives (open and continuous acknowledgment);
Any DNA test results or basis to request one.

7) Enforcement if the father does not pay

A. Writ of Execution & Garnishment. Once you have an interim or final order, you may have the sheriff garnish salary (served on employer) or levy on non-exempt assets. Courts can tailor a reasonable portion of take-home pay to prioritize child support.

B. Contempt of Court. Willful non-payment despite ability can lead to contempt sanctions.

C. Protection Orders (economic abuse). If the facts fit, violation of a protection order compelling support may result in criminal penalties and arrest, apart from civil enforcement.

D. Third-party payees. Courts often direct tuition, HMO, or daycare to be paid directly to schools/clinics—reducing disputes.

8) Special situations

Paternity denied. Seek DNA testing; request the court to order specimen collection. Courts can draw adverse inferences from unjustified refusal.
Father works overseas or is a freelancer. Use remittance/bank records, contracts, and platform dashboards; request percentage-of-income orders or fixed sums plus a share of bonuses/13th month.
New families/other dependents. The duty to the child remains; courts may adjust shares but not erase support.
In-kind vs. cash. Directly paying tuition/HMO is common in addition to monthly cash for living costs.
Arrears. Courts usually start arrears from date of demand; the longer you wait to demand, the narrower your arrears window becomes.
Tax. Child support is not taxable income to the child or custodian (it’s not compensation for services).

9) Step-by-step filing checklist

Assemble proof of paternity and the child’s budget (with receipts).
Send a demand letter (keep proof of receipt).
If in the same city/municipality, file at the barangay for conciliation (or proceed directly to court if exempt/urgent).
File in the Family Court:
- Complaint/Petition for Support (and for Establishment of Filiation if disputed);
- Motion for Support Pendente Lite (with sworn budget and evidence);
- Prayer for payment channel (bank/e-wallet) and for sharing of extraordinary expenses.
Attend mediation/JDR; settle if terms are fair and enforceable.
If no settlement, prosecute the case (present budget, receipts, capacity proof).
Upon interim/final order, enforce via garnishment/levy if needed.
Monitor and modify: move to increase/decrease when needs/means change.

10) Templates you can adapt (plain-language samples)

A. Demand Letter (excerpt)

Date: _______ Mr. _______

Re: Child Support for [Child’s Name], born [DOB]

I am requesting monthly support for our child to cover food, housing share, utilities, clothing, education, medical care, and transportation. The documented monthly budget is ₱[amount] (see attached breakdown and receipts).

Considering your income and my own, I propose that you contribute ₱[amount] per month, payable on or before every [day] of the month to [Bank/E-wallet details], and [percentage]% of any extraordinary expenses (e.g., enrollment, major medical).

Kindly confirm in writing within 7 days. If we cannot settle, I will proceed with barangay conciliation and/or court action to protect our child’s rights.

B. Budget Breakdown (attach receipts)

Food: ₱____
Housing share: ₱____
Utilities (child’s share of water/electric/internet): ₱____
Education (tuition/books/fees/device): ₱____
Medical (HMO/meds): ₱____
Transport: ₱____
Childcare: ₱____
Clothing & personal care: ₱____
Contingency (%): ₱__ Total Monthly Needs: ₱___

C. Prayer in a Petition (key points)

Order the father to pay ₱[amount] monthly as support pendente lite, starting [date], through [bank/e-wallet];
Direct [percentage]% sharing in extraordinary expenses upon presentation of receipts;
For final judgment, fix monthly support at ₱[amount], with annual or school-year adjustments;
Authorize garnishment of salary/bonuses if unpaid;
Grant other just reliefs.

11) Evidence do’s & don’ts

Do keep an organized folder (digital and printed) of receipts, school notices, medical records, and payments.
Do memorialize agreements in writing (Kasunduan, MOA, court-approved compromise).
Don’t accept purely verbal promises; insist on traceable payments.
Don’t inflate the budget; courts reward credible, well-documented numbers.

12) Frequently asked questions

Q: Can I get support even if the father never lived with us or we never married? A: Yes. Marriage is not required. What matters is filiation and the child’s needs vs. the father’s means.

Q: How fast can I get money? A: Through support pendente lite (interim support) on motion, often after the first hearings if your evidence is ready. Protection orders for economic abuse can also give immediate relief when applicable.

Q: What if the father pays sometimes, then stops? A: Use the court order to garnish salary and collect arrears from the date of your demand or the order, and consider contempt or protection-order remedies.

Q: Can support be given in groceries or diapers instead of cash? A: Courts prefer cash for recurring needs plus direct payment of big-ticket items (tuition/HMO). In-kind items alone are risky and hard to value.

Q: Will the amount change if he loses his job or I get a higher salary? A: Yes—either party can move to modify based on genuine changes in needs or means.

13) Quick action plan (one-page summary)

Prove paternity (birth certificate/acknowledgment/DNA, plus status evidence).
Compute a credible budget with receipts.
Send a dated demand letter with a clear amount and mode of payment.
Barangay conciliation if required by locality; settle only with enforceable terms.
File in Family Court with a motion for interim support; attach evidence.
Fix enforcement in the order (bank payments, garnishment on default).
Track payments & expenses; move to adjust annually or when circumstances change.

Final note

Every family’s facts and finances differ. The framework above is designed to be faithful to Philippine legal principles while giving you practical, courtroom-ready steps. If you want, I can turn your actual receipts and figures into a clean support computation worksheet and a tailored demand letter you can print or send.