I. Concept and policy

“Child support” in Philippine law is part of the broader civil law concept of support (sustento)—a continuing obligation rooted in family relations and enforced primarily under the Family Code and related statutes. The guiding lens in disputes is the child’s welfare and the reality that both parents share responsibility for a child’s maintenance, whether the parents are married, separated, annulled, or never married.

II. Primary legal sources

Family Code of the Philippines (E.O. No. 209, as amended) – core rules on:
- what “support” includes,
- who must give support,
- how support is computed, demanded, increased/decreased, and enforced.
Rules of Court / Family Court procedures – mechanisms for:
- filing petitions for support,
- provisional support (support while a case is pending),
- execution of support orders.
R.A. No. 8369 (Family Courts Act of 1997) – jurisdiction of Family Courts over support and related family disputes.
R.A. No. 9262 (Anti-Violence Against Women and Their Children Act) – treats withholding or deprivation of financial support as a form of economic abuse in covered relationships, and allows protection orders that can include support and salary remittance directives.
Special family laws (as relevant): adoption laws, rules on filiation and evidence (including DNA rules in appropriate cases), and (for Muslim Filipinos) the Code of Muslim Personal Laws (P.D. No. 1083) in certain family relations.

III. What “support” legally includes

Under the Family Code, support includes everything indispensable for:

sustenance/food
dwelling/shelter (including a reasonable share in housing costs)
clothing
medical attendance/healthcare
education (tuition, school fees, supplies; and training for a profession, trade, or vocation)
transportation (particularly related to schooling and essential needs)

Key points:

Support is not limited to food and is not limited to “bare survival.” It is calibrated “in keeping with the financial capacity of the family.”
Education support can extend beyond age 18 when the child still reasonably needs it (e.g., finishing a course or vocational training), depending on circumstances.
Support continues for a child who is incapacitated (e.g., disability) and cannot support themselves, subject to proof.

IV. Who is entitled to child support

A child may claim support from parents regardless of:

legitimacy status (legitimate or illegitimate),
whether parents are married, separated, annulled, or never married, or
whether the child uses the father’s surname.

Covered children commonly include:

legitimate children
illegitimate children (once filiation is established)
legally adopted children (from adoptive parents)

Practical note on illegitimate children:

The father’s obligation exists, but disputes often arise over proof of paternity. If paternity is denied, support claims may be tied to (or dependent on) an action to establish filiation, supported by documents and, where appropriate, DNA evidence.

V. Who must give child support (and the order of liability)

A. Parents are primarily responsible

Both parents have the duty to support their child. Even if one parent has custody, custody does not erase the other parent’s support duty.

B. If parents cannot, other relatives may be compelled (subsidiary support)

The Family Code recognizes that support can be demanded from certain relatives in a priority order when those primarily liable cannot provide. In child-support practice, this most commonly arises as:

grandparents being asked to contribute only when a parent is genuinely unable to provide and statutory requirements are met.

This is not automatic; the claimant must show why the parent(s) cannot sufficiently provide and why subsidiary obligors should step in.

C. Step-parents and live-in partners

A step-parent or the custodial parent’s new partner is not automatically legally obligated to support the child unless a legal relationship such as adoption exists. Their voluntary help does not replace the biological/adoptive parent’s duty.

VI. When the obligation begins and when payment becomes collectible

A. When support is “due”

Support is demandable from the time the child needs it (which, for minors, is essentially continuous).

B. When support becomes legally collectible

A critical Family Code rule: support is not typically collectible for periods before a judicial or extrajudicial demand.

“Extrajudicial demand” can include a clear written demand (and in some contexts, a demand made in a proper forum).
Once demand is made, courts can order payment moving forward and can address arrears from the point legally recognized as demand.

C. Support is generally paid in advance

Support is intended for current needs; orders commonly require periodic payment (monthly/bi-weekly) or direct payment of specified expenses.

VII. How child support amounts are determined (there is no fixed “percentage”)

A. Core legal standard: needs vs means

Philippine law does not impose a universal table (e.g., “30% of income”) for child support. Instead, the amount is based on two factors:

The child’s needs (food, shelter share, schooling, healthcare, etc.), and
The parent’s resources/means (income, earning capacity, assets, and reasonable obligations).

Support must be proportionate: it rises and falls depending on changes in need and capacity.

B. What courts commonly look at (practical factors)

To fix an amount, courts commonly evaluate:

the child’s age and schooling level,
healthcare needs (including special needs),
the child’s established standard of living (where relevant),
the paying parent’s income and real ability to pay (including proof of employment/business),
other legally recognized dependents and obligations (without allowing a parent to evade responsibility by self-impoverishment).

C. Typical expense components used in computing support

A structured way courts and parties often present support is a budget of:

Food and basic personal needs
Housing share (rent/amortization, utilities, household necessities proportionate to child)
Education (tuition, fees, allowance, supplies, uniforms, internet/device where needed)
Medical (HMO/insurance, medicines, consultations, dental, vaccinations)
Transportation (school commute, essential travel)
Childcare (yaya/daycare, if necessary for the custodial parent’s work)
Reasonable extracurriculars (case-dependent)

D. Proportional sharing between parents

Because both parents are responsible, courts often aim (explicitly or implicitly) to allocate support in proportion to each parent’s capacity. This does not always mean a 50/50 split; it may be higher for the parent with greater means.

E. Sample computation method (illustrative, not a legal table)

List monthly child expenses (supported by receipts/quotations where possible).
Determine each parent’s net capacity (income less basic self-maintenance and mandatory obligations).
Allocate child expenses proportionally.

Example (illustrative):

Child’s reasonable monthly needs: ₱30,000
Parent A net capacity: ₱60,000; Parent B net capacity: ₱40,000
Total capacity: ₱100,000
Parent A share: 60% → ₱18,000
Parent B share: 40% → ₱12,000

Courts may still adjust for fairness (e.g., Parent B already provides housing full-time, so some items may be “in-kind” rather than cash).

VIII. Forms of payment: cash, direct payments, and “in-kind” support

Support may be structured as:

cash remittance to the custodial parent/guardian,
direct payment to a school, hospital, landlord, or utility provider,
a combination (e.g., cash + tuition paid directly).

Important practical rules:

A paying parent generally cannot unilaterally decide the form if it undermines the child’s consistent support (e.g., irregular “in-kind” gifts that do not cover real expenses).
Courts can specify payment channels, due dates, and documentation.

IX. Support while cases are pending (provisional support / support pendente lite)

Support disputes can take time. Philippine procedure allows courts to grant provisional support during the pendency of:

petitions for support,
custody cases,
annulment/nullity/legal separation proceedings, and
protection order cases under R.A. 9262.

This is designed to prevent a child from going without support while litigation continues.

X. Child support in common family situations

A. Parents are married but separated in fact

Even without a formal case, the child remains entitled to support. If voluntary support fails, a petition for support and/or related family relief may be filed.

B. Parents were never married (illegitimate child situations)

The father owes support once paternity is legally recognized or established by evidence. Custody of very young children is commonly with the mother in practice, but support is separate from custody.

C. Annulment/nullity/legal separation

Support for children is a standard issue in these cases. Courts typically issue provisional orders on support and custody early in the proceedings.

D. OFW / parent abroad

The obligation remains. Enforcement may require careful proof of income and may involve court orders directed at remittance patterns or attachable assets within Philippine jurisdiction, subject to procedural limits.

E. Multiple children or children with different partners

A parent cannot avoid support by pointing to other families; however, courts may consider total lawful obligations to arrive at a sustainable amount. The child’s needs remain central.

XI. Modification: increasing, reducing, or suspending support

Support is variable:

It may be increased when the child’s needs increase (tuition rise, medical needs) or the parent’s capacity improves.
It may be reduced when the child’s needs decrease or the parent’s capacity genuinely declines (loss of job, illness), subject to proof.
Courts are cautious with “suspension” for minors; inability to pay must be real and supported by evidence, and alternatives may be ordered.

XII. Enforcement of child support obligations

A. Civil enforcement (typical route)

If there is a court order or judgment:

the custodial parent/guardian can seek execution and collection of arrears recognized by the court,
remedies may include garnishment or levy on assets, subject to legal limits and procedures.

B. Contempt for disobeying court orders

Failure to comply with lawful court orders (including support orders) can expose a party to contempt, depending on the nature of the order and noncompliance.

C. R.A. 9262 (VAWC) – economic abuse and protection orders

Withholding or depriving financial support can constitute economic abuse in relationships covered by R.A. 9262 (violence against women and their children). Courts issuing protection orders may:

require support,
direct salary deduction/remittance through an employer,
impose other protective relief.

This pathway is significant because it can involve both protective and punitive consequences beyond ordinary civil collection.

D. Informal “offsets” and leverage tactics (what does not work)

Visitation is not a lawful “exchange” for support. Nonpayment of support generally should not be used to justify denying visitation, and lack of visitation generally does not extinguish support.
Gifts, gadgets, or sporadic payments usually do not substitute for ordered support unless recognized by agreement or court accounting.

XIII. Evidence and documentation (what typically matters)

To establish and compute support, parties commonly present:

the child’s birth certificate and proof of filiation,
proof of expenses (receipts, tuition assessments, medical bills),
proof of income (payslips, contracts, ITR, business records, bank transaction patterns),
proof of employment status and earning capacity,
proof of special needs/disability (medical findings), if applicable.

Courts may also look at lifestyle indicators when income is concealed, but credible documentation remains key.

XIV. Frequently misunderstood points

No fixed legal percentage exists for child support; it is case-by-case.
Illegitimate children have an enforceable right to support once filiation is established.
Support can continue past 18 in appropriate circumstances (education or incapacity).
A new partner of the custodial parent does not relieve the biological/adoptive parent of support.
Support is generally collectible from the date of demand, not automatically for all past years without a recognized demand and legal basis for arrears.
Support can be adjusted as needs and means change; it is not permanently locked.

XV. Short legal caution

This is general legal information on Philippine child support; outcomes depend heavily on documentation, family circumstances, and the court’s findings on needs and capacity.