Here’s a Philippine-context legal explainer on child support—who must give it, when and how much, how courts compute it in practice (there’s no rigid table), what happens if it isn’t paid, and how to file and enforce it.
The basics: what “support” means
Under the Family Code, support covers everything a child reasonably needs for life and development, including food, clothing, shelter, medical and dental care, education (tuition, books, transport, devices), and training for a trade or profession. It also covers incidental expenses (internet for school, reasonable extracurriculars, therapy when needed).
Key principles:
- Best interests of the child control.
- Amount = needs of the child ↔ means of the parents. Courts balance both and can increase or decrease support when needs or means change.
- Support is a legal duty, not charity; it arises by law, not only by contract or custody orders.
- The duty exists from conception; pregnancy- and childbirth-related support may be ordered.
Who is obliged to support a child
- Parents to their children (legitimate and illegitimate).
- Ascendants/descendants (e.g., grandparents) and, in some cases, siblings, as fallback payors—but parents come first.
- For illegitimate children, the father is obliged to support once paternity is established (by voluntary acknowledgment, or proven in court via birth records, admissions, DNA, or open and continuous possession of status). Using the father’s surname is not required for the support duty to exist.
Support and parental authority are different things. For example, the mother generally has sole parental authority over an illegitimate child, yet the father still owes support.
Is there a Philippine child-support “percentage table”?
No. There is no fixed national grid (e.g., “20% of income”) in the Philippines. Judges decide on evidence and equity, guided by:
- Child’s budget (credible, itemized).
- Each parent’s capacity (income, assets, earning ability, other legal dependents, reasonable living costs).
- In-kind contributions of the custodial parent (housing, day-to-day care).
- Lifestyle evidence (if formal income looks unrealistically low).
- Any special needs (e.g., SPED, therapy, chronic illness).
Courts often allocate the total reasonable monthly needs between the parents proportionate to their means.
How courts actually compute (a practical method)
Below is a common, court-tested approach you can use to prepare or critique a proposal. It’s not a statute; it’s a framework aligned with the Family Code.
1) Build the child’s monthly budget
- Core: food, utilities share, clothing, comms/internet share, transport, school fees, books, uniforms, gadgets essential for school, medical/dental/insurance, toiletries, modest allowance.
- Periodic items (amortized monthly): enrollment fees, annual insurance, device replacement cycle, extracurriculars, therapy.
- Reasonableness: brand/level consistent with the family’s standard of living.
Example. Total reasonable monthly needs = ₱28,000.
2) Determine parents’ capacities
- Parent A net capacity (after reasonable personal living costs, taxes, and support to other legal dependents): ₱90,000/mo.
- Parent B net capacity: ₱30,000/mo.
- Combined capacity = ₱120,000 → shares: A 75%, B 25%.
3) Apportion the child’s needs
- A pays 75% of ₱28,000 = ₱21,000/mo.
- B covers 25% = ₱7,000/mo. (Typically in-kind because B is the custodial parent.)
Notes that matter
- 13th-month pay and regular allowances/commissions count toward capacity (they’re income). Purely discretionary bonuses may be averaged or ignored depending on consistency.
- A court may order automatic yearly escalations (e.g., 5%/CPI) to avoid frequent returns to court.
- If the payor’s income is partly undeclared, the court can impute income using lifestyle evidence (vehicles, travel, business scale, bank activity).
Form and timing of support
- Form: Usually cash paid to (or through) the custodial parent; courts can allow in-kind elements (e.g., paying the school/insurer directly) plus a cash stipend.
- When payable: From demand—courts typically make support retroactive to the date the request was filed (judicial or written extrajudicial demand).
- Interim support: Courts may issue support pendente lite quickly, then finalize after fuller evidence.
Modification, suspension, arrears
- Increase/decrease: Any substantial change in needs (e.g., entering high school/college, medical condition) or means (job loss/promotion) can justify modification.
- Suspension: Temporary only, for just cause (e.g., involuntary unemployment), and usually paired with a reduced interim amount—not zero.
- Arrears: Unpaid installments accrue and may earn legal interest; courts can garnish wages or levy assets.
No waiver of future support. You can compromise past arrears, but future child support cannot be waived or sold, and cannot be offset against unrelated debts.
Special situations
- College-age children: Support continues if the child is of age but still studying and dependent, acting in good faith and with diligence.
- Children with disabilities: Support may be higher and longer-lasting.
- Multiple children: The total needs go up; shares are still proportionate to capacity.
- New families: Payor’s support for new legitimate dependents is considered, but it does not erase prior child-support duties.
Illegitimate children: paternity and support
- The father’s duty begins once filiation is established. Proof options include birth records with the father’s admission, public or private written acknowledgments, DNA evidence, and open and continuous possession of status as child.
- You can combine a support petition with a filiation case if paternity is contested.
- Listing the father’s surname or signing an affidavit of acknowledgment is powerful evidence but not the only path.
Procedure: how to request support
Gather evidence
- Child’s needs: budgets, receipts, school assessments, medical records, insurance quotes.
- Payor’s capacity: payslips, ITRs, bank/GCash screenshots, business permits, social media/lifestyle indicators, asset records.
- Filiation (if illegitimacy and father contests): birth record, acknowledgments, DNA plan.
File in the proper court
- Family Court where the child resides (or where the respondent resides).
- Reliefs: support (final), support pendente lite, costs/attorney’s fees, and ancillary relief (e.g., travel consent guidelines).
If there is intimate-partner abuse
- You may file under VAWC (violence against women and their children) for a Protection Order—courts can order immediate support as economic-abuse relief, independent of a main criminal case.
Mediation
- Family Courts often send support cases to mediation for a practical settlement, subject to court approval.
Barangay conciliation? Many support cases proceed directly to court due to the family-court framework and the need for urgent provisional orders; check your venue’s intake practice.
Enforcement tools if the payor won’t pay
- Income withholding (garnishment) directed to the employer; contempt for non-compliance.
- Levy on bank accounts/assets for arrears.
- Travel hold and passport-related measures can be sought in egregious cases.
- VAWC prosecution when deprivation of support is part of economic abuse (a criminal route that can include imprisonment and damages).
- Actions for abandonment under penal provisions may apply in extreme neglect scenarios.
Support is separate from visitation/custody. You cannot block visitation because support is unpaid, and the payor cannot stop support because of visitation disputes—courts enforce these independently.
Taxes, benefits, and paperwork
- Child support is not taxable to the recipient and not deductible by the payor.
- Keep proof of payment (bank transfer receipts, payroll deductions, official receipts from schools/insurers) to avoid “he said, she said.”
- Put clear payor references (“Child A support – March 2026”) on transfers.
Sample computation worksheet (copy–paste)
Child: ______ (age __) Monthly needs (attach details):
- Core sustenance & utilities share: ₱_____
- School (tuition amortized, books, fees): ₱_____
- Transport/comm: ₱_____
- Medical/insurance: ₱_____
- Device amortization & supplies: ₱_____
- Extras (sports/therapy): ₱_____ Total needs: ₱_____
Parents’ capacities (net, documented):
- Parent A: ₱_____ /mo → ____% share
- Parent B: ₱_____ /mo → ____% share Support split:
- Parent A pays ₱_____ /mo (cash to custodial parent + direct pay to [school/insurer] of ₱_____)
- Annual escalation: _____% every _____ (or CPI).
- Payment due every ___th of month; in default beyond ___ days → automatic wage garnishment.
Typical evidence that persuades judges
- School letters detailing tuition, required devices, and payment schedules.
- Medical prescriptions/therapist treatment plans with costs.
- Payor’s ITR/payslips/bank movement (or employer HR certification of compensation).
- Lifestyle snapshots: car registration, frequent travel, business social media—used to impute capacity when formal income looks implausibly low.
- Affidavits from guidance counselors or pediatricians on the child’s needs.
Frequent pitfalls (avoid these)
- “Lump” budgets with no back-up. Itemize and attach proof.
- Under- or over-claiming (courts spot wish lists and, conversely, unrealistic austerity).
- Agreeing to “no support if no visitation.” That’s unenforceable and contrary to policy.
- Cash-only hand-offs without receipts. Use traceable channels.
- Ignoring college/transition—build in an automatic review when the child enters a higher-cost stage.
Bottom line
- In the Philippines, there’s no fixed child-support percentage. Judges set support by matching the child’s reasonable needs with each parent’s actual capacity, then adjust over time.
- Start early with provisional support, document needs and means, and ask for clear payment mechanics (withholding/escalation).
- Non-payment has teeth: civil enforcement (garnishment, levy) and, where it overlaps with economic abuse, criminal exposure.
If you want, share (anonymized) the child’s monthly needs and each parent’s income picture (payslips or rough figures). I can draft a proposed support matrix and a short motion for support pendente lite you can adapt for filing.