A practical, everything-you-need-to-know guide in the Philippine setting. General information only, not legal advice.
1) What “support” means under Philippine law
Support is the legal duty to provide what a child reasonably needs for subsistence and development, including:
- food, shelter, clothing, and medical/dental care;
- education (tuition, books, gadgets, uniforms, transportation, internet, reasonable allowances) and training;
- other expenses in keeping with the family’s station in life and the father’s means.
This duty covers legitimate and illegitimate children. It is personal, continuing, and cannot be waived in advance insofar as it prejudices the child.
2) Who owes support (and to whom)
- Fathers owe support to their children—legitimate and illegitimate.
- For illegitimate children, support remains due even if the child does not carry the father’s surname, provided filiation (paternity) is established.
- If the father truly cannot fully provide, the mother and other relatives obliged by law may share, but this does not erase the father’s primary duty.
Key point: Support is based on two variables—the child’s needs and the father’s resources. Courts always balance both.
3) When the obligation starts and until when it lasts
- From conception: Courts may grant reasonable pregnancy and childbirth expenses for the mother when paternity is shown, as part of support for the unborn child.
- Childhood and beyond: Support is demandable while the need exists. It ordinarily continues until the child is 18, and may extend beyond majority if the child is still studying in good standing and dependent, or is physically/mentally incapacitated to support himself/herself.
- Changes over time: Support may be increased, reduced, suspended, or resumed as needs and means change (loss of job, illness, promotion, new dependents, etc.).
4) Amount of support: how courts compute it
There is no fixed table. Courts look at:
- Needs of the child (age, school, health, special needs);
- Means of the father (salary, commissions, business income, assets, lifestyle); and
- The family’s customary standard of living.
Typical approach: The parent seeking support submits a line-item budget; the father submits proof of income/expenses. The court then sets monthly support, sometimes with 13th-month proportion, and often orders direct payment of big-ticket items (tuition paid straight to the school, HMO premiums to the insurer) to avoid misuse.
Illustrative budget matrix (you can adapt):
| Item | Monthly Need |
|---|---|
| Tuition amortization / school fees | ₱____ |
| Books, supplies, internet, transport | ₱____ |
| Food & utilities (child’s share) | ₱____ |
| Clothing & grooming | ₱____ |
| Medical/HMO/maintenance meds | ₱____ |
| Misc./enrichment (sports, music) | ₱____ |
| Total | ₱____ |
Courts can index support (e.g., annual review) or allow automatic adjustment when school raises tuition, subject to proof.
5) Filiation (paternity): proving the father–child link
Support for an illegitimate child requires proof of paternity, which may be shown by:
- Acknowledgment in a birth certificate or a public document (affidavit, notarized admissions, official forms);
- Open and continuous possession of status as the father’s child (use of surname, public representations, long-term support/remittances, correspondence);
- DNA testing (courts may order DNA; refusal without good reason can be weighed against the alleged father).
You may combine in one case a petition for recognition (filiation) and support. Courts may also award provisional support while paternity is being resolved if the initial showing is strong.
6) How to demand and obtain child support
A) Out-of-court route (faster if possible)
- Written demand proposing a reasonable monthly amount and asking for documents (pay slips, ITR) to calibrate support.
- Mediation (private or barangay, if applicable) and parenting plans. Put any agreement in a notarized document. For added enforceability, submit it to the Family Court as a compromise judgment.
B) Court route (Family Court)
- File a Petition for Support (or Recognition & Support if filiation is disputed) in the Family Court where the child resides.
- Ask for Support pendente lite (provisional support) early—courts can order immediate monthly payments while the case is pending.
- Evidence to prepare: child’s budget and receipts, school certifications, medical records, the father’s income proofs (or evidence of lifestyle/income if documents are withheld), and filiation proof.
Retroactivity: As a rule, support is payable from the date of judicial (or properly documented extrajudicial) demand, not merely from promulgation of judgment. Arrears can be executed like any judgment.
7) Enforcement tools when the father does not pay
- Income garnishment/withholding (direct employer deductions under a writ).
- Levy on bank accounts or non-exempt assets.
- Contempt for willful non-compliance with a court order.
- Travel or access restrictions incident to certain cases.
- Protection Orders under the Anti-VAWC law (R.A. 9262), if the non-support forms part of economic abuse against the mother/child—these can compel support and are immediately executory.
Important: Once a court order fixes support, unilateral reduction or stoppage can lead to contempt and enforcement—the proper remedy is to seek modification.
8) Modification: when and how support may be changed
Either parent may move to increase or reduce support upon a material change:
- Father’s income change (job loss/promotion/illness);
- Child’s needs change (illness, special education, college);
- New dependents (additional children) or extraordinary expenses.
File a motion (or petition) with updated budgets and proofs. Courts avoid retroactive reductions that would erase arrears already due, absent compelling equities.
9) Multiple families and priority rules
- All children—regardless of legitimacy—are entitled to support.
- If the father’s resources are insufficient to cover all dependents in full, courts may apportion support pro-rata considering needs and means.
- A new family does not extinguish prior support duties; at most, it may justify rebalancing across dependents.
10) Form of support: cash vs. in-kind
- Courts often require cash support plus direct payment of specific items (tuition, HMO, insurance) to the provider.
- In-kind contributions (groceries, diapers) are generally credited but do not replace fixed monthly cash unless the order says so.
11) Non-payment and possible criminal exposure
- Economic abuse under R.A. 9262 (Anti-VAWC) includes willful non-provision of support to a spouse/partner and their child. If elements apply, non-support can lead to criminal prosecution and Protection Orders that mandate support.
- Other penal provisions may apply in cases of child abuse when deprivation is cruel or degrading.
- Criminal liability is separate from civil support; paying arrears does not automatically dismiss a criminal case once filed.
12) Tax and payroll angles
- Child support received is not taxable income to the child or mother.
- Support paid is not a tax-deductible expense to the father.
- Employers who receive a court writ must garnish wages as ordered; failure may expose them to contempt.
13) Overseas fathers and cross-border issues
- Philippine courts can assert jurisdiction over the status/support of a Filipino child; service and enforcement abroad may require recognition and enforcement in the foreign jurisdiction.
- Practical compliance is commonly done via bank remittance and electronic proof.
- If the father works overseas, courts may peg support to net pay and issue garnishment against local accounts or assets, or require periodic proof of remittances.
14) Practical tips to make support work in real life
- Document everything: demands, payments, receipts, chats/emails.
- Separate account for support; use bank or e-wallet transfers with clear references.
- For larger or variable needs, agree on “base + share in extras” (e.g., base monthly plus 50% of approved medical/school extras).
- Build annual review into agreements; calendar school enrollment and HMO renewal dates.
- For teenagers in college, consider tuition paid direct to school and stipend paid to the child with accountability rules.
15) Frequently asked questions
Q: Can the father insist on receipts before paying monthly support? A: Courts usually fix a flat monthly amount (plus direct payments for big items). Receipts support adjustments or extras, but the base amount must be paid on time.
Q: Can we agree to a lump-sum “full settlement” so the father won’t pay monthly anymore? A: Any “waiver” that prejudices the child is void. Lump-sum arrangements are risky unless court-approved with safeguards (trust, escrow, insurance).
Q: The father has no formal job but runs a business in cash. What can we do? A: Present lifestyle and capacity evidence (vehicles, travel, contracts, social media, bank deposits). Courts may impute income when documentary proof is being concealed.
Q: If the mother has a high income, can the father refuse to pay? A: No. Both parents must share according to means. The mother’s capacity may reduce the father’s share, but not eliminate it.
Q: Can support be paid to the child directly? A: For minors, payments are made to the custodial parent/guardian unless the court authorizes otherwise. For college-age dependents, courts sometimes allow stipends to go direct with controls.
16) One-page action plan (for the parent seeking support)
- Assemble proof of filiation and a realistic monthly budget with receipts/quotations.
- Make a written demand; propose an amount and payment channel.
- If no agreement in 10–15 days, file in Family Court: Support (and Recognition, if needed) + Support pendente lite.
- Track payments; move for garnishment/contempt on default.
- Update the court if needs or means change (raise/lower).
17) One-page action plan (for fathers wanting to comply correctly)
- Pay something promptly (good faith) while negotiating the figure.
- Disclose income (pay slips/ITR) to arrive at a realistic amount; propose direct payment for tuition/HMO.
- If your means change, file to modify—don’t unilaterally stop.
- Use traceable channels (bank/e-wallet) and keep proofs.
- Consider life/health insurance naming the child as beneficiary to stabilize long-term support.
If you share the child’s age/schooling, special needs (if any), and the father’s income situation (employee, self-employed, OFW), I can draft a tailored monthly budget, a sample demand letter, and a template motion for support pendente lite fit for filing in your local Family Court.