In the Philippines, the right of a child to receive support is an absolute right, irrespective of the relationship status of the parents or the presence of domestic conflict. For mothers of non-marital children (children born out of wedlock) who have also suffered abuse from the father, the legal framework provides specific mechanisms to secure financial maintenance while simultaneously offering protection from further violence.

I. The Right to Support for Non-Marital Children

Under the Family Code of the Philippines, children born out of wedlock are classified as "illegitimate." While the terminology is traditional, their rights are firmly protected:

Compulsory Support: Parents are legally obligated to support their children. This includes everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation.
Parental Authority: By law (Article 176, Family Code), illegitimate children are under the sole parental authority of the mother. This means the mother has the primary right to custody and the responsibility to manage the child's affairs.
Recognition as a Prerequisite: To demand support, the father’s filiation (paternity) must be established. This is done through:

The record of birth appearing in the civil register (signed by the father).
An admission of filiation in a public document or a private handwritten instrument signed by the father.
In the absence of these, open and continuous possession of the status of an illegitimate child or other evidence permitted by the Rules of Court (such as DNA testing).

II. Intersection with RA 9262 (Anti-VAWC Act)

When a history of abuse is involved, the Anti-Violence Against Women and Their Children Act of 2004 (RA 9262) becomes a critical tool. Abuse is not limited to physical hits; it includes economic abuse.

Economic Abuse: Depriving the mother or child of financial support they are legally entitled to is a form of violence under RA 9262.
Protection Orders: A mother can apply for a Protection Order (Barangay, Temporary, or Permanent) which can include a provision for spontaneous financial support.
The "Hold-Departure" Order: If the father attempts to evade his support obligations by leaving the country, the court can issue a hold-departure order in a criminal case filed under RA 9262.

III. Determining the Amount of Support

Philippine law does not set a "fixed percentage" of income for child support. Instead, it follows the "Amount of Support" Rule (Article 201, Family Code), which balances two factors:

The Necessities of the Child: The costs of education, food, health, and a standard of living appropriate for the child.
The Means of the Giver: The father’s salary, properties, and overall financial capacity.

Note: Support is never final. The amount may be increased or decreased by the court depending on the changing needs of the child or the fluctuating financial status of the father.

IV. Procedural Steps for Filing

If the father refuses to provide support voluntarily, the mother may take the following actions:

Demand Letter: A formal letter sent via registered mail demanding support. This serves as evidence that a good faith effort was made to settle.
Barangay Conciliation: Generally, cases must go through the Katarungang Pambarangay for mediation. However, in cases involving Violence Against Women and Children (VAWC), mediation is strictly prohibited to prevent the victim from being pressured by the abuser.
Petition for Compulsory Recognition and Support: If the father has not recognized the child, a petition can be filed in the Family Court to prove paternity and simultaneously demand support.
Criminal Complaint for RA 9262: If the father willfully withholds support as a means of control or psychological abuse, a criminal case can be filed through the Prosecutor's Office.

V. Impact of Abuse on Visitation Rights

A common concern for mothers is whether paying support gives an abusive father the right to see the child.

Visitation is a Quality Right: While the law generally encourages the child to have a relationship with both parents, the "Best Interests of the Child" standard is paramount.
The Abuse Factor: If the father has a history of abuse, the court can deny, suspend, or strictly limit visitation rights (e.g., supervised visitation in a neutral location).
Support vs. Custody: The obligation to pay support is independent of the right to visitation. A father cannot refuse to pay support because he is denied visitation, nor is he automatically entitled to visitation just because he pays support.

VI. Legal Remedies for Non-Compliance

If a court order for support is already in place and the father refuses to pay:

Garnishment: The court can order the father’s employer to deduct the support amount directly from his salary and remit it to the mother.
Contempt of Court: The father can be cited for contempt, which may lead to fines or imprisonment until he complies with the order.
Criminal Liability: Under RA 9262, the continued and willful refusal to provide support is a punishable offense that carries a prison sentence.