Child Support Cases for a Non-Paying Father in the Philippines: A Complete Guide

This is practical legal information for the Philippine setting. It’s not a substitute for advice from your own lawyer. When possible, consult a PAO lawyer or a private counsel.

1) Core Principles

What is “support”? Under the Family Code, support covers everything indispensable for a child’s sustenance: food, clothing, decent dwelling, medical and hospital expenses, education (including tuition, books, transport, internet/data needed for schooling), and training for a profession. It adjusts with the child’s needs and the parents’ means.

Who must give support? Parents are primarily obliged to support their children, whether legitimate or illegitimate. If a parent genuinely cannot provide, the obligation can shift subsidiarily to grandparents, then to siblings, in the order set by law. But the first stop is always the child’s parents.

When does support start and how far back can you collect? Support becomes demandable from the time of judicial or extrajudicial demand (e.g., a formal demand letter received by the father, a barangay complaint, or the filing of a court case). As a rule, you can’t charge back years of past support before the first demand, but arrears after a proper demand can be collected.

How is the amount decided? There is no fixed percentage. Courts base it on:

the child’s actual needs (document them), and
the father’s means (income, assets, lifestyle evidence). The amount can increase or decrease later if needs or means change.

2) Common Legal Paths When the Father Won’t Pay

You can pursue (A) a civil case for support, (B) criminal action under the Anti-VAWC law if applicable, or (C) both (one is not a bar to the other). There are also interim remedies that can get you money flowing faster while the case is pending.

A) Civil Action for Support (Family Court)

Where to file: Family Courts (designated RTCs) where the child or the father resides.
Goal: A court order fixing monthly support and, often, support pendente lite (temporary support while the case is ongoing).
Typical timeline tools:
- Support pendente lite via motion (with receipts and a budget).
- Court-Annexed Mediation may result in a settlement with enforceable terms.
Evidence to prepare:
- Child’s birth certificate (or other proof of filiation if not acknowledged—see Section 3).
- Itemized monthly budget (food, rent/share, utilities, transport, tuition, school supplies, gadgets for school, medical, childcare).
- Receipts/bills and proof of prices.
- Proof of father’s capacity: payslips, ITR, business permits, social-media/visible lifestyle, cars, properties, bank trails (to be compelled via subpoena if needed).

Barangay conciliation first?

For purely civil support cases and if the parties live in the same city/municipality, the Katarungang Pambarangay conciliation is generally a precondition to filing in court (unless an exception applies—e.g., one party resides in a different city/municipality, the matter is already filed in court, or the case falls under laws excluded from barangay conciliation).
If a VAWC angle exists (see below), you may file directly in court.

Enforcement after you win:

Writ of execution → garnishment of salary, bank accounts, or levy on assets.
Employer deductions (once garnishment served).
Contempt for disobeying a support order.
Modification anytime if circumstances change.

B) Criminal Liability via Anti-VAWC (RA 9262) — “Economic Abuse”

If the mother and father are (or were) married, cohabiting, or in a dating/sexual relationship, willful non-payment of support due to the woman or their child can qualify as economic abuse, punishable as a criminal offense.

Where to go first:
- Barangay: You can request a Barangay Protection Order (BPO)—effective for 15 days—to quickly compel acts like giving support.
- Court: Apply for a Temporary Protection Order (TPO) (ex parte, effective 30 days) and later a Permanent Protection Order (PPO). These orders can fix and enforce support immediately and carry criminal consequences for violation.
Elements to prove (in essence):
1. A qualifying relationship (spouse, former spouse, dating relationship, live-in partner, or the father of your child),
2. Economic abuse—depriving legally due financial support,
3. Resulting psychological distress to the woman or child (often shown through testimony, medical/psych reports, or the circumstances of deprivation).
Penalty: Imprisonment and/or fine, plus civil liabilities. A VAWC case can run alongside a civil support case.

C) Administrative / Workplace Angles (Practical)

If the father is a salaried employee, a garnishment order served on the employer is highly effective.
If he is an OFW/seafarer, coordinate with counsel on enforcing allotment clauses in standard employment contracts or on executing judgments against assets/accounts in the Philippines.
For self-employed or cash-based earners, build evidence of income via lifestyle, client invoices, bank deposits, and statements from people with knowledge of his business.

3) First Hurdle in Some Cases: Proving Filiation (Paternity)

If the child’s birth certificate names the father or there’s a notarized Affidavit of Admission of Paternity, filiation is easier. If not, you may need a petition for compulsory recognition or assert filiation in your support case. Acceptable proof can include:

Public documents acknowledging paternity (texts/messages are private; useful but not conclusive by themselves).
Open and continuous possession of the status of a child (the father consistently treating the child as his).
DNA testing (courts may order it; refusal can be taken against the refusing party).
Other credible evidence (hospital records, photos, remittances, affidavits, school records, chats combined with circumstantial proof).

Tip: If filiation is contested, ask the court early for DNA testing and support pendente lite based on prima facie proof of need and capacity.

4) Building Your Case: Documentation Checklist

Child’s identity & filiation

PSA birth certificate, baptismal/school records, any acknowledgment documents.

Child’s monthly needs (itemize & evidence):

Food and basic goods
Housing share (rent/mortgage, utilities)
Education (tuition, fees, books, uniforms, devices, internet, transport)
Healthcare (checkups, medicine, therapy)
Childcare (yaya/daycare), special needs if any
Reasonable allowances and contingencies

Father’s capacity to pay:

Payslips, employment IDs, ITR, SSS/PhilHealth/Pag-IBIG records
Business permits, DTI/SEC documents, invoices, GCash/bank statements
Proof of assets (Land Title, OR/CR of vehicles)
Social-media postings indicating travel, luxury purchases, or business activity

Demand trail & attempts to settle:

Demand letter and proof of receipt
Barangay blotter/records (if applicable)
Chat and email exchanges re support requests and refusals

5) Step-by-Step Strategy (Practical Flow)

Make a formal demand for support
- Send a dated letter (courier or personal service with signed receipt). This can fix the start date for arrears.
Assess the forum
- Same city/municipality and purely civil? Go through Barangay conciliation first (unless an exception applies).
- With abuse/harassment or deliberate deprivation? Consider VAWC: apply for Protection Orders (BPO/TPO/PPO) that can immediately require support.
File in Family Court
- Petition or complaint for support (or support plus recognition of filiation if needed).
- Simultaneously file a Motion for Support Pendente Lite with an itemized budget and receipts.
Press for disclosure of the father’s finances
- Subpoena duces tecum for payslips/ITR/bank and business records.
- Ask the court for garnishment mechanisms early once there’s a provisional or final order.
Enforce, enforce, enforce
- If he defaults, seek writ of execution, garnishment/levy, and if needed indirect contempt for violating the court’s support order.
- If under VAWC, violation of a Protection Order is a separate criminal offense.
Revisit the amount
- As the child’s needs or the father’s means change, file to modify the support (up or down). Support is elastic.

6) Special Situations

Father is overseas (OFW) or frequently abroad

Serve processes at his Philippine residence, last known address, or through counsel; use substituted service or other court-approved modes if evasive.
Enforce via assets and bank accounts in the Philippines and employers with presence in the Philippines.
For seafarers, explore allotments under standard contracts (work with counsel for exact terms).

Father is unemployed or claims zero income

Courts still order reasonable support considering earning capacity, not just declared income.
The obligation may shift subsidiarily to grandparents if the father truly has no means.

Illegitimate child using the father’s surname

Possible if acknowledged (e.g., by affidavit or in the birth certificate). Not a prerequisite for support; acknowledgment is relevant to proving filiation.

Mother and father never married

Child is still entitled to support. VAWC can still apply if there was a dating or sexual relationship and the child is theirs.

Multiple children

The father’s duty extends to all his children. Courts apportion support in light of everyone’s needs and his capacity—but he cannot use new obligations to erase existing ones.

7) Remedies When an Order Is Ignored

Garnishment of salary (employer must comply once served).
Levy on personal or real property.
Bank garnishment (court issues notices to banks).
Indirect contempt for disobeying a support order.
Criminal liability (e.g., under VAWC for violation of PPO/TPO or economic abuse).
Travel-related measures: In criminal proceedings, prosecutors can move for Hold Departure Orders as allowed by the rules; for civil cases, seek tight enforcement actions against property and income.

8) Frequently Asked Questions

Q: Can I ask for support even while a paternity case is pending? Yes. Request support pendente lite based on prima facie proof. The court can adjust later.

Q: What if he gives irregular small amounts? Keep records. Courts may treat that as partial compliance but will still fix a definite amount and payment schedule.

Q: Can we agree privately instead of going to court? Yes—preferably in a written, notarized agreement that is submitted to and approved by the court (or embodied in a barangay settlement) for easier enforcement.

Q: Is support taxable? Child support is generally not income to the child; it’s a legal obligation, not compensation.

Q: Can I ask for support for college? Yes, education includes higher education as long as the child remains dependent and the parent has capacity.

9) Practical Drafting Tips (What to Attach)

When filing for support pendente lite or final support:

Sworn Statement of Needs with line-item monthly budget.
Receipts/quotations for each line (even screenshots/printouts with source and date).
Proof of schooling (assessments, enrollment certificates).
Medical records (if there are special needs).
Affidavit narrating history of non-support and efforts to settle.
Proof of capacity (attach what you have; ask the court to compel the rest).

10) Agencies & Help

Public Attorney’s Office (PAO) – free legal aid for qualified clients.
DSWD / City or Municipal Social Welfare Office – social workers for case conferences, intake reports (helpful evidence).
Barangay – BPOs under VAWC, mediation/conciliation for civil support disputes (when applicable).
Women and Children Protection Desks (PNP) – for VAWC complaints and documentation.

11) Smart Strategy at a Glance

Document needs & demand formally (start the clock).
Choose the lane(s): Civil support; VAWC if there’s economic abuse.
File early for interim support with receipts.
Force financial disclosure; track lifestyle if income is hidden.
Enforce relentlessly (garnish, levy, contempt; prosecute VAWC if warranted).
Review and modify as the child grows or finances change.

If you want, tell me your city/municipality and a brief snapshot of your situation (e.g., acknowledged child? income clues? urgent school/medical needs?), and I’ll draft a tailored, court-ready checklist and a sample demand letter you can reuse.