(General information; not legal advice.)

1) There is no fixed legal “percentage”

Philippine law does not set a statutory “X% of salary” rule for child support—whether the child is legitimate or illegitimate. Courts do sometimes order support as a percentage of the paying parent’s income (especially when income is regular and documented), but that percentage is case-specific, not a mandated rate.

Legal standard: Support is based on (a) the child’s needs and (b) the parent’s financial capacity/resources, and is meant to be proportionate and adjustable as circumstances change.

2) Equal right to support regardless of legitimacy

An illegitimate child (born outside a valid marriage, and not legitimated) has the same basic right to receive support from both parents as a legitimate child. The child’s civil status affects certain matters like inheritance shares, but not the child’s entitlement to be supported.

Bottom line: There is no “half support” rule for illegitimate children.

3) Legal basis (Family Code framework)

Philippine child support is governed primarily by the Family Code, which defines:

A. What “support” includes

Support covers what is indispensable for the child’s:

sustenance/food
dwelling/shelter
clothing
medical and dental care
education (including schooling needs)
transportation connected to schooling and day-to-day necessities

It can also include age-appropriate, reasonable expenses consistent with the family’s circumstances (e.g., basic gadgets needed for school, therapy, medications, etc.), depending on proof and reasonableness.

B. Who is obliged to give support

Support is owed among family members, and includes the obligation of:

both parents to support their child (legitimate or illegitimate)
in proper cases, ascendants (e.g., grandparents) may be called upon if a parent cannot provide (subject to rules on order of liability and proof of inability)

C. How amount is determined

Support is set in proportion to:

the child’s needs, and
the parent’s means/resources

Support can be increased or reduced if needs or financial capacity changes.

D. When support becomes payable (timing matters)

Support is demandable when the child needs it, but as a rule, payment is enforceable from the time of judicial or extrajudicial demand (for example, a written demand letter, a filed case, or a formal request that can be proven). This timing often controls whether “arrears” can be claimed.

4) “Percentage” in real life: how courts often structure support

Even without a fixed statutory percentage, courts commonly choose one of these structures:

A. Fixed peso amount (most common where income is uncertain)

Example: ₱X per month plus specific items (tuition, HMO, medicines).

B. Percentage of income (common where income is stable)

Example: “Y% of monthly net income” plus mandatory direct payments (tuition, insurance).

C. Hybrid

Example: a base monthly support + direct payment of tuition/medical.

Why percentages are used at all: They automatically adjust with pay changes and reduce repeated motions to modify—but only when income is verifiable.

5) How courts compute support (practical framework)

Courts typically look at evidence, not guesses. These are the usual inputs:

A. Child’s monthly needs

A supported budget usually includes:

food and milk/diapers (if applicable)
housing share (rent/utilities portion)
school tuition and fees, books, uniforms, projects
transportation
medical/insurance, medicines, therapy
childcare costs (yaya/daycare)
reasonable miscellaneous (hygiene, clothing replacement)

B. Paying parent’s capacity to pay

Evidence commonly includes:

payslips, ITR, employment contract
bank statements (when relevant)
business permits/income proof for self-employed
SSS/GSIS contributions, payroll summaries
proof of other lawful support obligations (other children, spouse)
actual living expenses (courts expect some support for the payer’s own basic needs too)

C. Proportional sharing between parents

Support is conceptually a shared parental obligation. If both parents have income, courts may apportion based on relative capacity. If one parent shoulders most day-to-day care, that parent’s “share” may be partly reflected in actual caregiving and in-kind support, but courts still often allocate monetary responsibility where appropriate.

6) Proving paternity is the gateway for an illegitimate child’s support claim

For an illegitimate child to compel support from the putative father, filiation (paternity) must be established. Common proof includes:

A. Voluntary recognition

father’s name on the birth certificate with proper acknowledgment, or
a notarized/valid written acknowledgment, or
other written admissions

B. Open and continuous possession of status

Consistent conduct showing the father treated the child as his (support, introduction as child, etc.), supported by credible evidence.

C. DNA evidence

Courts may consider DNA testing in appropriate cases, subject to procedure and evidentiary rules.

Note: Using the father’s surname (e.g., under laws allowing the use of the father’s surname upon acknowledgment) supports paternity but does not, by itself, eliminate the need to prove filiation if paternity is disputed.

7) Forms of payment (cash vs. in-kind)

Support does not have to be purely “cash handed to the mother.” Courts can order:

deposit to a bank account
direct payment to the school, hospital, landlord, or HMO
salary deduction/withholding arrangements
delivery of specific necessities (rare as a sole method unless agreed and workable)

Courts prefer arrangements that are trackable and reduce conflict.

8) Demand letters, court actions, and provisional support

A. Extrajudicial demand

A written demand helps:

start the clock for enforceability, and
frame the issues and amount requested

B. Petition/action for support

Support cases are generally filed in the proper trial court acting as a family court (or the appropriate designated branch), often where the child resides.

C. Provisional support (support “pendente lite”)

Courts can order temporary support while the case is ongoing, based on preliminary evidence, because support is treated as urgent.

9) Enforcement if the father refuses to pay

If there is a court order and the obligor does not comply, enforcement tools may include:

writ of execution (collection through sheriff)
garnishment of bank accounts
levy on property (when applicable)
withholding from salary (where ordered/feasible)
contempt of court for willful disobedience

Criminal exposure in some situations (economic abuse)

If the child’s mother is covered under VAWC (RA 9262) due to a qualifying relationship with the father (current or former spouse, dating/sexual relationship, or common child), deliberate deprivation or denial of support can also be framed as economic abuse, and protection orders may include child support provisions. This depends heavily on the relationship facts and how the case is pleaded.

10) Duration: until when does support last?

A. Minority (below 18)

Support is expected as a matter of course.

B. Beyond 18

Support may continue beyond majority when the child still needs it for:

education or training for a profession/vocation, or
other conditions that make the child unable to be self-supporting, subject to reasonableness and proof.

C. Termination or reduction

Support can be reduced or ended if:

the child becomes self-supporting, or
the payer’s capacity materially changes, or
the child’s needs materially change, but changes are best done through court modification or a properly documented agreement that protects the child’s interest.

11) Common misconceptions (and the correct rule)

“Illegitimate child gets only half support.” False. The standard for support is needs and capacity, not legitimacy.
“Support is only if the father signed the birth certificate.” False. If paternity is proven (including through court), support can be compelled.
“The mother can waive the child’s support permanently.” Generally not. The right to support belongs to the child; future support is not something a parent can freely sign away to the child’s prejudice.
“No job, no obligation.” Lack of employment affects the amount and mode of support, but courts can still require reasonable support based on actual means and can adjust later.
“Support must be cash to the mother.” Not necessarily. Courts can order direct payments or structured methods.

12) Practical guide: how to present a “percentage” argument properly

If a party wants the court to set support as a percentage, the strongest approach is:

present a documented monthly budget for the child, and
present proof of the father’s net income (and other obligations), and
propose a reasonable proportion (either a peso amount or %), explaining why it matches needs and capacity.

Courts are more likely to adopt a percentage when income is regular and verifiable; otherwise, they often prefer a fixed amount plus specific direct-pay items.