Child Support Obligations Under the Philippine Family Code

Updated for the Philippine legal framework as of 2025. This article explains the nature, sources, scope, computation, procedure, and enforcement of child support (“support” or sustento) under the Family Code and related statutes and court rules.

1) What “support” legally means

Support is a legal obligation to provide what a child reasonably needs for a dignified life, consistent with the family’s station. It typically covers:

Basic sustenance: food and daily necessities
Housing & utilities
Clothing & personal care
Medical, dental, mental health care & insurance
Education: tuition, books, school supplies, uniforms, gadgets reasonably required by the school, internet for study, and transportation to and from school/activities

Courts interpret “education” broadly (e.g., review classes, reasonable extracurriculars, board exam fees), subject to proof of need and the parent’s means.

2) Who owes support to whom

Primary obligation

Parents owe support to their children, whether within or outside marriage. Filiation (the parent–child legal link) is what matters, not the parents’ marital status.

Secondary obligation (when parents cannot fully provide)

Ascendants (e.g., grandparents) and in some situations siblings may be subsidiarily obliged, in a preferential order and proportionate to means. The usual order is: parents → grandparents → other ascendants → brothers/sisters. Courts apply this only when the nearer relatives cannot adequately provide.

Equal entitlement

All children—legitimate or illegitimate—are entitled to support in accordance with the Family Code. The amount depends on needs and means, not on legitimacy.

3) Key principles that govern amount and adjustments

Dual measure: The amount is based on (a) the child’s needs and (b) the provider’s resources. Both must be proven.
Proportionality between parents: If both parents have means, each shares proportionately (not necessarily 50–50). A parent with higher income usually bears a larger share.
Elasticity (can increase/decrease): Support is variable. Either party may ask the court to raise or reduce it when circumstances change (e.g., job loss, illness, increased school costs).
In cash or in kind: Courts often award cash support, but may recognize in-kind components (e.g., directly paying tuition or maintaining the child in the parent’s home), if that arrangement truly serves the child’s best interests and allows accountability.
From when due: Support is legally demandable from the time of need, but payable from the date of judicial or extra-judicial demand (e.g., a formal demand letter or the filing of a case). Courts then compute arrears from that date.
No waiver of future support: Parents cannot validly waive a child’s future support. Private agreements reducing support below reasonable needs are not binding on the child and are subject to court review.
No set-off: As a rule, support cannot be compensated (offset) by unrelated claims; the child’s sustenance is prioritized.

4) When does child support start, continue, or end?

Start: As soon as the child needs support (infancy onward).
Majority: Reaching 18 does not automatically end support if the child still needs it to complete education within a reasonable time and the parent can afford it.
Special circumstances: Support continues for children with disabilities or conditions that prevent self-support, commensurate to needs and parental means.
Suspension/termination: Possible if the recipient unjustifiably refuses to live with the obligated parent (when appropriate) or engages in serious misconduct—but courts apply this cautiously and always subordinate to the best interests of the child.

5) Proving the case: evidence that usually matters

To prove filiation (when disputed)

PSA birth certificate;
Acknowledgment/admission in a public document;
DNA evidence (when necessary);
Consistent acts of recognition (name-giving, support, school records).

To prove the child’s needs

School records (assessment, tuition breakdown, enrollment forms);
Receipts/quotations for books, uniforms, devices, internet;
Medical prescriptions, therapy invoices, HMO plans;
Budget for food, utilities, transport (with receipts when available).

To prove the parent’s means

Payslips, ITRs/BIR 2316, bank statements;
Business permits, FS (for self-employed), GCash or remittance records;
Evidence of assets (real property, vehicles) and liabilities (loans).

6) Typical forms of court relief

Support pendente lite (while the case is pending) Early, provisional orders based on affidavits and initial documents to meet immediate needs (e.g., monthly allowance, interim tuition).
Final support order / judgment Specifies monthly base support, which may include fixed amounts (cash) plus direct payments for defined items (e.g., full tuition, HMO). Courts may require receipting and periodic accounting.
Back support (arrears) Computed from demand date and collectible like other money judgments; legal interest may accrue on unpaid amounts from judicial demand or from finality of judgment, depending on the court’s formulation.
Modification Either party can file to increase or reduce due to substantial change (job loss, promotion, new dependents, medical events).

7) Enforcement if the payer does not comply

Writ of execution / garnishment: attachment of bank accounts, salaries, commissions, rentals, dividends, or other receivables.
Income withholding: employers can be directed to deduct and remit monthly support.
Levy on property: seizure/sale of non-exempt assets for unpaid arrears.
Contempt of court: for willful disobedience of a support order; can result in fines or jail for contempt until compliance.
Travel-related or document holds: in egregious cases, courts may issue orders to secure compliance (consistent with due process).

Possible criminal exposure (distinct from civil enforcement)

Economic abuse under the Anti-VAWC law (R.A. 9262) for willful non-provision of support to a child with the mother (whether married or in a dating/common-law relationship), punishable by imprisonment and/or fines.
Child protection laws may apply where abandonment or neglect is present. (Criminal liability has different elements and defenses; consult counsel before filing.)

8) How courts approximate amounts (no fixed national table)

The Philippines has no nationwide child support guideline table. Judges exercise equitable discretion based on:

Family standard of living during cohabitation/marriage;
Itemized needs of the child;
Comparative means of the parents;
Other legal dependents and obligations;
Good/Bad faith (e.g., voluntary unemployment to evade support).

Practical example (illustrative only)

Child’s reasonable monthly budget: ₱28,000 (food 8k, housing/utilities share 5k, school 9k, transport 2k, medical 2k, misc 2k)
Mother net income: ₱35,000; Father net income: ₱90,000
Proportional shares by net income (≈ 28% : 72%):
- Mother: ₱7,840/month; Father: ₱20,160/month
Court may also direct Father to pay tuition directly if sizable and predictable, with official receipts submitted every term.

9) Agreements outside court

Parents may settle support by written agreement, ideally:

Itemized (base cash + specific direct-pay items),
With proof-of-payment protocols (receipts, bank transfer records),
Notarized, and
If there is a related court case (e.g., custody/annulment), submitted for court approval so it becomes enforceable as a judgment. Any term that is unconscionable or prejudicial to the child is subject to court revision.

10) Venue, jurisdiction & procedure (quick guide)

Court: Family Courts have exclusive original jurisdiction over petitions for support, and over related reliefs in annulment/nullity, legal separation, and custody cases.
Venue: As a personal action, it may be filed where either the child (represented by guardian/mother) resides or where the defendant resides.
Who files: The parent/guardian on behalf of a minor; an adult child may file in their own name if still entitled (e.g., finishing studies).
Interim relief: Support pendente lite can be granted on motion with affidavits and basic proofs.
Confidentiality: Family court records are generally restricted; parties and counsel have access, the public does not.

11) Taxes & accounting

Not taxable to the child/recipient: Child support received is not income; it is a fulfillment of a legal duty.
Not donor’s tax: Support is not a donation.
Documentation: Keep receipts and summaries; courts sometimes require quarterly or semester accounting when disagreements persist.

12) Cross-border and OFW situations

Courts can order support in Philippine pesos even if the obligor works abroad.
Garnishment may reach Philippine assets/income sources (banks, employers, payors).
Foreign orders (e.g., from the country where the parent works) can be recognized and enforced in the Philippines through a separate action for recognition of foreign judgment.
Remittances should be traceable (bank/SER, online wallet receipts).

13) Common defenses & court responses

“I lost my job.” → May justify temporary reduction, not total extinguishment; obligor must prove job loss and earnest efforts to find work.
“I already give in kind.” → Must be credible, regular, and documented; courts often prefer cash + specific direct-pay items to ensure continuity.
“The child is now 18.” → If still reasonably finishing education or has a disability, support may continue.
“Mother/Father can afford alone.” → Both parents remain jointly responsible, subject to proportionality.

14) Practical checklist (for the parent seeking support)

Assemble proofs: child’s needs (school, medical, monthly budget) + obligor’s means (payslips/ITR, social media business posts, lifestyle proofs).
Send a demand (email/letter/GCash request) to mark the start date for arrears.
File in Family Court for support & support pendente lite (or include in your custody/annulment case).
Ask for income withholding and direct tuition/HMO payments.
Track payments and keep receipts; move for contempt/execution upon default.
Seek modification if circumstances materially change.

15) Practical checklist (for the parent paying support)

Pay regularly via traceable channels (bank transfer, online wallet) with clear references.
Keep receipts; request acknowledgments.
If income drops, file to modify—do not self-reduce without court or written consent.
Coordinate on big-ticket items (tuition, devices) to avoid duplication and disputes.
Prioritize the child’s needs; courts favor visible good faith.

16) Frequently asked questions

Q: Can support be retroactive? A: Arrears typically run from demand (written demand or case filing), not from birth, unless there was an earlier extra-judicial demand.

Q: Can I ask the court to make my ex pay directly to the school? A: Yes. Courts often split support into a base cash allowance plus direct payments (tuition, HMO) to ensure continuity and transparency.

Q: Is there a fixed percentage of income (like 20% per child)? A: No national fixed percentage. Judges tailor awards to needs and means.

Q: Can a private “no support” waiver block my child’s claim? A: No. Future support cannot be waived; the court will not uphold waivers that prejudice the child.

Q: What if filiation is denied? A: The court can hear and decide filiation (and order DNA testing where appropriate). Provisional support may still issue if the showing of paternity/maternity is strong.

17) Bottom line

Support is a right of the child and a duty of the parent.
Amounts are needs- and means-based, modifiable, and enforceable.
Early demand, good documentation, and clear structures (cash + direct pay + receipts) make outcomes more reliable.
When in doubt, seek tailored legal advice; nuanced facts (income structure, special needs, cross-border issues) can significantly affect the result.

This article is for general information and does not constitute legal advice. For specific cases, consult a Philippine family law practitioner who can assess your documents and represent you in Family Court.