Introduction

A demand letter for child support is a formal written notice sent—usually by, or on behalf of, the custodial parent or guardian—to the non-custodial parent demanding payment (or regularization) of the financial support legally owed to the child. In the Philippine setting, this seemingly simple letter is a crucial first step in asserting a statutory right, preserving evidence, and often resolving the matter without court intervention.

Disclaimer: This article is for informational purposes only and is not a substitute for individualized legal advice. Always consult a Philippine lawyer or the Public Attorney’s Office (PAO) for guidance on your specific situation.

1. Legal Foundations

Source of Law	Key Provisions Relevant to Child Support
1987 Constitution (Art. II § 12, Art. XV § 3)	Recognizes the State’s role in protecting the rights of children and strengthening the family as a basic social institution.
Family Code of the Philippines (E.O. 209, esp. Arts. 194-208)	Defines support, specifies who is obliged to give it, how much, when it may be demanded, and when it may be suspended.
Rules of Court (Rule 61 & Rule 39)	Provide for support pendente lite (interim support) and enforcement through writs of execution and garnishment.
Republic Act 9262 (VAWC Act)	Victims of violence against women and their children may seek protection orders that include temporary or permanent support orders.
Republic Act 8972 / R.A. 11861 (Solo Parents’ Welfare Acts)	Afford additional government assistance and benefits when one parent is solely responsible for support.
Civil Code (Art. 100-101)	Governs obligations of legitimate and illegitimate parents before the Family Code took effect; still informs jurisprudence.
Selected Jurisprudence	• Silva v. CA, G.R. 114742 (1999) – reiterates proportionality of support to resources and needs. • Pimentel v. Pimentel, G.R. 172060 (2008) – clarifies retroactivity of child support after demand. • Go v. Cayangyang, G.R. 208568 (2016) – DNA evidence and filiation as predicates for support.

2. What “Support” Covers

Under Art. 194 of the Family Code, support includes:

Food and nutrition
Clothing
Shelter
Medical and dental care
Education—including tuition, school supplies, transportation
Transportation and recreation reasonably required for maintenance

Support shall be proportional to the resources of the giver and the necessities of the recipient (Art. 201).

3. Why Send a Demand Letter?

Practical Value	Explanation
Mandatory antecedent	Courts generally award retroactive support only from the date of extrajudicial demand or filing of suit. A demand letter proves the date of demand.
Chance for amicable settlement	Many payors comply after receiving a well-drafted letter, avoiding litigation costs and emotional strain.
Evidence of good faith	Shows the claimant tried to resolve the matter privately before resorting to the courts.
Documentation	Establishes an admissible paper trail detailing attempts to obtain support.

4. Timing and Prescription

No prescriptive period to claim continuing child support while the child remains entitled (generally until age 18 or emancipation, and beyond for incapacity or schooling).
Retroactive arrears may be limited by Art. 205: collectible only from date of demand.
Parents can modify support (increase, reduce, or suspend) upon proof of change in needs or resources (Art. 202).

5. Essential Elements of a Philippine Demand Letter for Child Support

Heading & Address
- Date, full name, and address of both parties.
Identification of the Child
- Name, birth date, and relationship (legitimate/illegitimate; adopted). Attach PSA birth certificate if possible.
Factual Background
- Brief history: marriage or relationship, separation, current custodial arrangement, non-payment or insufficiency of support.
Legal Basis
- Cite pertinent articles (Family Code Arts. 194-208) and, if applicable, VAWC Act or existing court orders.
Computation of Support
- Itemized list of average monthly expenses (food, school fees, medical bills, etc.).
- Proportionate share demanded (often 50 % if both parents earn comparably). Attach receipts or billing statements.
Demand Proper
- Clear, unequivocal demand to (a) pay arrears within a specified period (e.g., 10 days) and (b) provide regular monthly support thereafter.
Mode & Place of Payment
- Bank transfer details, pick-up at barangay hall, or deposit to minor’s account.
Consequences of Non-Compliance
- Warning of legal action: barangay conciliation (if required), petition for support, contempt, criminal complaint under R.A. 9262, or garnishment of salary.
Call for Dialogue / Parenting Conference
- Offer mediation options (e.g., DSWD, barangay Lupong Tagapamayapa, or private mediator).
Signatures & Notarization
- Signed by custodial parent or counsel; notarization strengthens authenticity.

6. Supporting Documents to Attach

Document	Purpose
PSA birth certificate	Proof of filiation.
Marriage certificate (if any)	Legitimacy, if married.
Proof of paternity (if contested)	Acknowledgment, DNA report, affidavits.
Expense receipts	Show the child’s ordinary needs.
Pay slips / ITR (if accessible)	Justify proposed contribution, show disparity of incomes.
Previous agreements / protection orders	Demonstrate prior undertakings or judicial directives.

7. Service & Proof of Receipt

Personal delivery with signed “Received” copy.
Registered mail with return card (PhilPost)—staple the registry receipt and green card.
Courier service with tracking and signed waybill.
Electronic service (e-mail, messaging apps) may supplement but rarely suffices alone; screenshot and print for evidence.

8. After Sending the Letter: Procedural Pathways

Stage	What Happens	Governing Rules
Barangay Katarungang Pambarangay	Mandatory conciliation for parties residing in the same city/municipality—unless any ground for exemption (e.g., violence, parties reside in different cities, child is legitimate and parents are married).	R.A. 7160, § 399-422 & Katarungang Pambarangay Rules
DSWD / LSWDO Mediation	Social Workers often facilitate support agreements, especially under Solo Parents’ Acts or in VAWC cases.	DSWD Administrative Issuances
Petition for Support in Family Court	Verified petition (Rule on Custody & Support, AM 03-04-04-SC) filed in Regional Trial Court (Family Court), seeking: (a) support pendente lite; (b) permanent support; (c) execution for arrears.	Family Courts Act 8369; AM 03-04-04-SC
Criminal remedies	• R.A. 9262—economic abuse. • Reckless abandonment under Art. 275 Rev. Penal Code (rare).	VAWC Act; RPC
Enforcement	Writ of execution, garnishment of salary or bank deposits, withholding orders to employer, contempt, or hold departure order.	Rules of Court Rule 39; A.M. 99-10-05-O
Modification	Motion to increase or decrease support upon substantial change.	Art. 202

9. Special Situations & Practical Notes

Scenario	Key Points
Illegitimate Child	Support is co-extensive with legitimate children (Art. 176, as amended). Demand letter should emphasize acknowledgment or attach proof.
OFW/Overseas Payor	Cite R.A. 10022 and POEA rules; request employer withholding or remittance via SSS, OWWA channels.
Multiple Children / New Family	Support is shared among all children in equal degree (Art. 206). Courts may apportion based on resources.
Child with Disability / College Education	Obligation usually continues beyond 18 yrs until completion of college or while incapacity lasts.
COVID-19 economic hardship	Payor may petition to reduce support but cannot suspend without court order.

10. Common Mistakes to Avoid

Vague computation – Failing to attach receipts or breakdown invites dispute.
Threatening tone – Overly aggressive language may expose sender to harassment allegations.
Wrong addressee – Send to the legal obligor (biological/adoptive parent), not grandparents unless subsidiarily liable.
Skipping barangay process – May lead to dismissal for lack of jurisdiction (if parties reside in same LGU and no exemption).
Unsigned or unauthenticated letters – Risk of denial of receipt or authenticity.

11. Template (Illustrative Only)

[Law Office Letterhead / Personal details]

Date: 15 August 2025

Addressee: Mr. Juan D. Reyes 123 Mabini St., Malate, Manila

Dear Mr. Reyes,

Factual Antecedents Our client, Ms. Maria L. Santos, is the mother and legal custodian of your son John Carlo S. Reyes, born 14 June 2015, as evidenced by the attached PSA birth certificate. Since your separation in March 2023, you have ceased providing regular financial support.

Legal Demand Under Articles 194-208 of the Family Code, both parents are solidarily obliged to support their child in proportion to their resources.

Computation (Average Monthly): • Food & nutrition – ₱ 7,500 • School tuition (Grade 5) – ₱ 5,200 • Books & supplies – ₱ 1,000 • Rent & utilities (child’s share) – ₱ 3,000 • Medical & insurance – ₱ 800 Total – ₱ 17,500

We hereby demand that you: (a) Pay arrears from 1 April 2023 to 31 July 2025 totaling ₱ 350,000 within ten (10) calendar days from receipt; and (b) Commence monthly support of ₱ 12,000 starting 1 September 2025, to be deposited every 5th of the month to BPI Account No. 1234-5678-90.

Consequence of Non-Compliance Failure to heed this demand shall constrain us to file the appropriate barangay conciliation and a Petition for Support and/or a criminal complaint for economic abuse under R.A. 9262, without further notice.

Option for Dialogue We are open to meeting at the Malate Barangay Hall on 25 August 2025 at 2:00 p.m. to discuss settlement.

Kindly govern yourself accordingly.

Very truly yours,

[Signature of Counsel or Parent] Atty. Jose P. Cruz IBP No. 123456 / Roll No. 65432 Notary Public — Until 31 Dec 2025

12. Enforcement & Collection Tips

Salary garnishment – Under Art. 291 Labor Code and Rule 39, up to a certain percentage of wages may be garnished for support.
SSS/GSIS pension attachment – Allowed for legal support.
Real property levy – If payor owns real estate.
Contempt proceedings – Defiance of support orders may lead to arrest or imprisonment (Rule 71).
Travel ban / HDO – Courts may issue Hold Departure Orders to compel compliance.

13. Frequently Asked Questions

Question	Short Answer
Is notarization mandatory?	Not strictly, but highly recommended to remove doubts about authenticity.
Can I skip the demand letter and go straight to court?	Yes, but you risk collecting arrears only from filing date; demand maximizes retroactivity.
What if the father denies paternity?	Include proof of acknowledgment; if contested, file a separate action to establish filiation or seek DNA testing.
How often can support be adjusted?	Anytime there is a material change in child’s needs or payor’s capacity.
Does remarriage end the obligation?	No. Support to existing children continues regardless of either parent’s remarriage.

Conclusion

A well-crafted demand letter for child support in the Philippines serves as a linchpin between informal parental negotiation and formal judicial action. By grounding the demand on statutory provisions, complete factual detail, and documentary backing, the custodial parent maximizes chances of swift compliance, preserves the child’s welfare, and lays a solid foundation for any court proceedings. When in doubt, seek legal counsel or PAO assistance to tailor the letter, compute appropriate amounts, and navigate procedural requirements.

Quick Checklist

Confirm filiation (birth certificate / acknowledgment)
Gather receipts & expense breakdown
Draft letter with clear computation & deadline
Attach supporting documents
Serve via personal delivery and registered mail
Keep all proofs of service and receipts
Prepare for barangay mediation or Family Court filing if needed

With these steps, you are better equipped to protect your child’s right to adequate and timely support.