1) Core principle: custody and support are separate

In Philippine family law, custody (who the child lives with / who provides day-to-day care) is different from support (financial and material provision for the child’s needs). A father having custody does not erase the mother’s duty to provide support. The child’s right to support exists regardless of which parent has custody and regardless of the parents’ relationship status.

Support is treated as a right of the child and a primary obligation of parents.

2) Main legal bases in Philippine law

A. Family Code provisions on Support (Title on Support)

The Family Code’s Support provisions (commonly cited around Articles 194–208) establish the modern rules:

What “support” includes: everything indispensable for sustenance (food), dwelling/shelter, clothing, medical attendance, and—importantly—education and transportation in keeping with the family’s resources and the child’s needs. Education includes schooling or training for a profession, trade, or vocation.
Who must give support: parents are obliged to support their children—legitimate or illegitimate.
Amount is proportional: support is in proportion to (1) the resources/means of the giver and (2) the needs of the recipient.
Support is adjustable: it may be increased or reduced as circumstances change (income rises/falls; child’s needs change).
When it becomes demandable: as a rule, support is demandable from the time of judicial or extrajudicial demand, although necessary expenses advanced by the custodian for the child may be reimbursable depending on circumstances.
How it may be given: either as (a) a periodic allowance/pension, or (b) by maintaining the child in the household of the provider, when appropriate and subject to the child’s welfare and any court orders.
Support pendente lite: courts may order provisional support while a case is pending.

B. Family Code provisions on Parental Authority

Parental authority rules (commonly cited around Articles 209 onwards) reinforce that parents have duties that include support, care, and upbringing. For legitimate children, parents generally exercise joint parental authority; for illegitimate children, parental authority is generally with the mother, but support obligations remain shared (the father has a duty to support; and if the father has custody by agreement or court order, the mother’s support duty persists).

C. Family Courts jurisdiction (R.A. 8369)

The Family Courts Act gives family courts jurisdiction over petitions for support, custody, and related family matters. In practice, support and custody issues are often litigated together.

D. Procedural rules

Support may be claimed through:

a standalone petition/action for support (including provisional support), and/or
support requests within custody proceedings, nullity/annulment/legal separation proceedings, or other family cases where support is incidentally required.

3) The mother’s obligation when the father has custody: what it means in real terms

A. The mother can be required to contribute—yes

When the father is the custodial parent (whether by court order or parental agreement), he typically shoulders daily costs. Philippine law allows him (or the child through him) to seek a support order requiring the mother to contribute according to her means.

This applies whether:

the parents are married but separated in fact,
the marriage is void/voidable and a case is pending or decided,
the parents were never married, or
custody changed hands due to the child’s best interests.

B. Support is not “punishment,” and custody is not “payment”

Support is meant to meet the child’s needs, not to punish the noncustodial parent. Likewise, a mother’s failure to pay support does not automatically justify denying her visitation, and a father’s refusal to allow visitation does not automatically excuse support—courts treat these as distinct issues and prioritize the child’s welfare.

C. The obligation is proportional, not necessarily “50/50”

There is no fixed percentage in the Family Code. Courts typically consider:

each parent’s income and earning capacity,
assets and liabilities,
other dependents legally entitled to support,
the child’s ordinary and special needs (health conditions, special education, therapy),
the lifestyle the child is accustomed to (within reason), and
practical custody realities (custodial parent often pays many costs directly).

A common approach in practice is pro-rata sharing: if the father earns more, he may carry a larger share; if the mother earns more, she may be ordered to shoulder more.

4) What counts as “child support” in the Philippines

A. Ordinary support items

Support commonly covers:

food and daily living expenses,
housing/rent share and utilities attributable to the child,
clothing and personal needs,
medical and dental care,
medicines, checkups, vaccination,
school tuition and fees,
books, supplies, gadgets needed for schooling,
transportation allowance, and
communication expenses reasonably connected to schooling and safety.

B. “Extraordinary” or irregular expenses

Courts or agreements often treat certain expenses as shared separately (sometimes 50/50, sometimes pro-rata), such as:

hospitalization, surgery, emergency care,
orthodontics, special therapies,
school field trips, major projects,
enrollment/registration spikes, and
special lessons needed for the child’s development.

C. Support can be cash, in-kind, or direct-to-provider

A mother’s contribution may be ordered as:

a monthly allowance paid to the custodial father (or guardian),
direct payment to the school, clinic, landlord, or service providers,
coverage of insurance (HMO/health plan) for the child,
purchase of essentials, or
a combination, with clear accounting and receipts when needed.

Courts can tailor the method to reduce conflict and ensure the child actually benefits.

5) When does the mother start owing support? Retroactivity and arrears

A. Demand is key

As a general rule under the Family Code, support becomes demandable from the time of:

extrajudicial demand (e.g., a written request clearly asking for support and specifying needs), or
judicial demand (filing the petition in court).

This matters because many disputes involve claims for “back support.” Courts often focus on whether there was a clear prior demand and what the child’s needs and the mother’s means were during the period claimed.

B. Reimbursement for necessary expenses

Even when support is technically demandable from demand, courts may still address fairness where the custodial parent advanced necessary expenses for the child’s survival, schooling, or medical needs—particularly when the other parent knew of the need and had the means to help.

C. Support is continuing and variable

Support is not a one-time obligation. It is a continuing duty that can be updated when:

the mother’s income changes,
the child’s schooling level changes (e.g., entering high school/college),
medical needs arise, or
custody arrangements change.

6) How courts determine the amount: practical factors and common patterns

A. Two anchors: (1) child’s needs, (2) mother’s resources

Courts generally require evidence of:

the child’s actual monthly expenses (itemized),
school billing statements,
medical receipts,
proof of the custodial parent’s spending,
the mother’s income (payslips, ITR, business records),
lifestyle indicators where income is unclear (properties, vehicles, travel, etc.), and
any legally supported dependents.

B. Earning capacity matters, not just declared income

If a parent appears voluntarily unemployed or underemployed, courts may consider earning capacity (education, work history, skills, opportunities) to avoid evasion of support obligations.

C. Courts avoid orders that are impossible to pay—but also avoid “token” support where capacity exists

If the mother truly lacks means, the court may set a minimal amount or structure support as specific items (e.g., school supplies) and later adjust. If means exist, support is expected to be meaningful.

7) How the father (as custodial parent) can claim support from the mother

A. Informal demand and documentation

Many cases are strengthened by:

a written demand letter or messages that clearly request support,
a budget and receipts,
school and medical statements,
proof of custody arrangement (agreement, barangay blotter context if relevant, or court order if any).

B. Filing in Family Court

A petition/action for support is usually filed in the proper court (often where the child resides, subject to procedural rules). The petition commonly asks for:

regular monthly support,
sharing of extraordinary expenses,
support pendente lite (temporary support while the case is pending),
payment method and schedule, and
enforcement mechanisms.

C. Provisional / interim support

Courts may grant temporary support relatively early to prevent harm to the child while the case is ongoing, especially when needs are urgent and capacity is shown.

8) Enforcing a support order against the mother

If the court issues a support order and the mother does not comply, enforcement is typically civil:

Writ of execution to collect unpaid amounts after due process,
Garnishment of bank accounts or credits,
Levy on property (subject to exemptions),
Contempt proceedings in appropriate cases for willful disobedience of a lawful court order.

Practical enforceability depends on locating income streams or assets. Where the mother is employed, documented income can make enforcement more straightforward. For self-employed parents, courts may rely more heavily on lifestyle and asset evidence.

9) Special scenarios that frequently matter

A. If the child is illegitimate and the father has custody

Although parental authority over an illegitimate child is generally with the mother under the Family Code, custody can be placed with the father by:

court order based on the child’s best interests, or
a practical arrangement recognized and later formalized.

Once the father is the custodial parent, the child’s right to support from the mother remains. The analysis still returns to means vs. needs.

B. Tender-years doctrine (custody) does not eliminate support duties

For custody disputes, the Family Code provides that a child under seven years old should generally not be separated from the mother absent compelling reasons (a “tender-years” policy). If despite this the father has custody (e.g., compelling reasons exist, or child is older, or custody was agreed/ordered), support obligations do not shift away from either parent.

C. Mother remarries or has new children

Remarriage does not extinguish the mother’s duty to support her child. However, courts may consider her total legal obligations and resources, including support owed to other dependents, while ensuring the child’s needs are still met.

A stepfather/stepmother generally has no automatic legal duty to support stepchildren (absent adoption or specific legal obligation), though they may contribute voluntarily.

D. Child reaches 18

Age of majority is 18. However, because support includes education and training, Philippine doctrine commonly recognizes that parental support may continue beyond 18 when the child is:

still studying and reasonably pursuing education/training, and
not yet self-supporting, subject to the parents’ means and the child’s good faith (e.g., not deliberately failing or refusing to work/study).

For a child with disability or special needs preventing self-support, support may be longer-term.

E. Mother is abroad (OFW) or income is overseas

Support can still be ordered. Practical issues include service of summons, proof of income, and locating enforceable assets. Courts can base support on demonstrated earnings and may enforce against assets within Philippine jurisdiction; cross-border enforcement depends on additional legal mechanisms and the facts of where income/assets are situated.

F. Waiver and “no support” agreements

Because support is the child’s right, agreements where a parent “waives” the child’s support are generally vulnerable to being disregarded or reformed by courts if they prejudice the child. Parents may agree on how support is provided, but not in a way that defeats the child’s needs.

10) Common misconceptions (and the legal reality)

“Only fathers pay child support.” Not in Philippine law. Both parents are obliged to support the child.

“If the father has custody, he cannot ask the mother for support.” He can. Custody does not nullify the other parent’s support duty.

“Support is fixed at a standard rate.” There is no universal statutory percentage. Courts decide based on resources and needs.

“No demand means no obligation.” The duty exists, but collectibility and retroactivity often hinge on demand and proof.

“Visitation depends on paying support.” Courts generally treat support and visitation as distinct, both governed by the child’s best interests.

11) What a well-structured support arrangement/order usually clarifies

Whether negotiated or court-ordered, clarity reduces conflict. Good arrangements typically specify:

the monthly amount and due date,
payment channel (bank transfer/e-wallet) and proof,
allocation for tuition, books, uniforms,
medical coverage and handling of emergencies,
treatment of extraordinary expenses (approval process, sharing ratio, receipts),
review/adjustment triggers (e.g., tuition increases, inflation, salary changes),
consequences of nonpayment consistent with law, and
coordination rules for major decisions affecting the child’s welfare.

Bottom line

In the Philippines, a mother remains legally obligated to support her child even when the father has custody. The mother’s share is determined by the child’s needs and the mother’s capacity, not by gender or custody labels. Courts prioritize the child’s welfare, may order provisional and continuing support, and can enforce compliance through civil remedies.